Mining Acts Amendment Act of 1951 (15 Geo Vi No. 27) (Qld)

474 MINING. Mining Acts Amendment Act. 15 G eo . VI. No. 27, Amendment 7. Section thirty-nine of the Principal Act is °fs.3®. amended by adding to that section the following paragraph, namely “ In respect of any and every application for entry of transmission consequent on the death of a lessee (including any transmission to which the foregoing provisions of this section apply) a fee amounting to ten shillings for each and every lease to which that application relates shall be payable.” 15 GBO. VI. NO. 27. T he M ining A cts A mendment A ct op 1951. An Act to Amend “ The Mining Acts, 1898 to 1948/’ in certain particulars. [A ssented to 11 th O ctober , 1951.] E it enacted by the King’s Most Excellent Majesty, B 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:— short title 1. This Act may be cited as “ The Mining Acts construction .Amendment Act of 1951,” and shall be read as one with * “ The Mining Acts, 1898 to 1948,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited 1 e‘ collectively as “ The Mining Acts, 1898 to 1951 ”. Amendments of s. 183 b . 2. Section 183 b of the Principal Act is amended — * (a) By repealing the second paragraph (being the paragraph commencing with the words “ Upon such reference ”) of subsection one thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ Upon such reference the Minister in his absolute discretion— (i.) May fix as conditions— (a) That, with respect to any and every method of mining carried on or intended to be carried on in or upon the land * 62 V. No. 24 and amending Acts.

MINING. 1951. Mining Acts Amendment Act. comprised in that mining tenement, the holder thereof shall at all times take, do and execute all such steps, acts, matters and things as will prevent any mineralised or impure water or sludge or mining debris resulting from that method of mining from polluting or obstructing or otherwise damaging or injuring any watercourse, lake or reservoir whatsoever, or any land adjacent thereto; (6) That, if by reason of any accident, event or circumstance happening or arising in relation to any of the steps, acts, matters and things taken, done and executed in compliance with the condition set out in subparagraph (a) of this paragraph (i.), any mineralised or impure water or sludge or mining debris commences to escape from that mining tenement, the holder thereof will forthwith take, do and execute all such further steps, acts, matters and things as will prevent the continuation of that escape ; and (c) That, if the steps, acts, matters and things taken, done and executed, in purported compliance with the condition set out in subparagraph (a) of this paragraph (i.) together with the further steps, acts, matters and things (if any) taken, done and executed in purported compliance with the condition set out in subparagraph (b) of this paragraph (i.) do not wholly prevent the escape from that mining tenement of all mineralised or impure water or sludge or mining debris resulting from any method of mining being carried on in or upon the land comprised therein, then the holder of that mining tenement shall, if so required by the Minister, cease forthwith that method of mining and shall not resume it unless and until he shall have taken, done and executed all such other (being either additional or alternative, or both additional and 475

476 MINING. Mining Acts Amendment Act. 15 G eo . VI. No. 27, alternative) steps, acts, matters and things as will prevent any mineralised or impure water or sludge or mining debris resulting therefrom from polluting or obstructing or otherwise damaging or injuring any watercourse, lake or reservoir whatsoever, or any land adjacent thereto ; (ii.) May fix conditions prescribing, providing for regulating, and controlling (with respect to the method of mining in or upon the land comprised in that mining tenement and the impounding and retention of mineralised or impure water or sludge or mining debris (or all or any of those things) resulting from any such method of mining) the steps to be taken and the acts, matters and things to be done or executed by the holder of that mining tenement to prevent or, according as specified by the Minister, mitigate the pollution or obstruction of or any other damage or injury to any watercourse, lake or reservoir whatsoever, or land adjacent thereto. (6) By repealing subsection two of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— <$ (2*) With respect to any subsisting mining to fix r tenement, whether granted or registered before, on or conditions after the passing of * “ The Mining Acts Amendment Act tomwEg of 1951,” the Minister in his absolute discretion— mining tenement. (i.) May fix as conditions— (a) That, with respect to any and every method of mining carried on or intended to be carried on in or upon the land comprised in that mining tenement, the holder thereof shall at all times take, do and execute all such steps, acts, matters and things as will prevent any mineralised or impure water or sludge or mining debris resulting from that method of mining from polluting, or obstructing or otherwise damaging or injuring any watercourse, lake or reservoir whatsoever, or any land adjacent thereto ; * This Act.

1951. MINING. Mining Acts Amendment Act. (b) That, if by reason of any accident, event or circumstance happening or arising in relation to any of the steps, acts, matters or things taken, done and executed in compliance with the condition set out in subparagraph (a) of this paragraph (i.), any mineralised or impure water or sludge or mining debris commences to escape from that mining tenement, the holder thereof will forthwith do, take and execute all such further steps, acts, matters and things as will prevent the continuation of that escape; and (c) Th^t, if the steps, acts, matters and things taken, done and executed, in purported compliance with the condition set out in subparagraph (a) of this paragraph (i.) together with the further steps, acts, matters and things (if any) taken, done and executed in purported compliance with the condition set out in subparagraph (b) of this paragraph (i.) do not wholly prevent the escape from that mining tenement of all mineralised or impure water or sludge or mining debris resulting from any method of mining being carried on in or upon the land comprised! therein, then the holder of that mining tenement shall, if so required by the Minister, cease forthwith that method of mining and shall not resume it unless and until he shall have taken, done and executed jail such other (being either additional or alternative, or both additional and alternative) steps, acts, matters and things as will prevent any mineralised or impure water or sludge or mining debris resulting therefrom from polluting or obstructing or otherwise damaging or injuring any watercourse, lake or reservoir whatsoever, or any land adjacent thereto; or (ii.) May fix conditions, prescribing, providing for, regulating, and controlling (with respect to the method of mining in or upon the land 477

478 MINING. Mining Acts Amendment Act. 15 G eo . VI. No. 27, comprised in that mining tenement and the impounding and retention of mineralised or impure water or sludge or mining debris (or all or any of those things) resulting from any such method of mining) the steps to be taken and the acts, matters and things to be done or executed by the holder of that mining tenement to prevent or, according as specified by the Minister, mitigate the pollution or obstruction of or any other damage or injury to any watercourse, lake or reservoir whatsoever, or land adjacent thereto.” (c) By repealing the first paragraph of subsection three of that section and by inserting,'in lieu of that repealed paragraph, the following paragraph, namely :— “ The holder of a mining tenement shall comply in every respect with any and every condition fixed under this section with respect to that mining tenement by the Minister.” (d) By repealing the first paragraph (being all words from and including the words “ Conditions ” to and including the words “ that is to say ”) of subsection four of that section and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ Without limit to the generality of the power under this section of the Minister to fix conditions, he may with respect to any mining tenement to which this section applies fix all or any of the following conditions, that is to say ”. (e) By adding to subsection four of that section the following paragraphs, namely :— “(e) Conditions requiring the holder of that mining tenement to conduct in a specified manner, any specified method of mining; (/) Conditions requiring the holder of that mining tenement to level the surface of and otherwise restore to its original state and condition as nearly as may be any and all land comprised in that mining tenement after mining that land and in particular after mining all or any of that land to reform and reinstate as nearly as may be the natural contours thereof and the channel of any and every watercourse existing thereon.”

1951. MINING. Mining Acts Amendment Act. (/) By inserting after subsection four of that section the following subsection, namely :— “ ( 4 a . ) With respect to fixing any and every condition which under this section the Minister is empowered to fix— (a) The Minister may specify circumstances in relation to which pollution, obstruction, or other damage or injury as referred to in this section (or all or any of those things) shall not be a breach of that condition; ( b ) Any power of the Minister to fix that condition so as to regulate and control the taking, doing or executing of any step, act, matter or thing shall include power to prohibit the taking, doing or executing of that step, act, matter or thing; (c) The Minister may specify the manner in which, the person by whom, the time when, or the period of time within which any and every step, act, matter or thing prescribed by that condition to be taken, done or executed shall be taken, done or executed; (d) Any power of the Minister to fix that condition so as to regulate and control the taking, doing or executing of any step, act, matter or thing shall include power to stipulate in that condition that that step, act, matter or things shall be taken, done or executed to the satisfaction of the Minister or another specified person or as the Minister or another specified person considers reasonable, and in the event of a dispute arising in relation to such a stipulation, the decision of the Minister or other person in question thereon shall be final and conclusive.” 479