Mining Acts Amendment Act of 1965 (Qld)

2C- T ueenslmir ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1965 An Act to Amend " The Mining Acts, 1898 to 1955 ," in certain particalus [ASSENTED TO 27TH APRIL., 19651 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Mining Acts Amendment Act of 1965." (2) Principal Act. " The Mining Acts, 1898 to 1955," are in this Act referred to as the Principal Act. (3) Collective tide. The Principal Act and this Act may be collectively cited as " The Mining Acts, 1898 to 1965."

208 Mining Acts Amendment Act of 1965, No. 21 2. Ameadments to s. 3. Section three of the Principal Act is amended by- (a) omitting the definition " Crown Lands " or " Crown Land " and inserting in its stead the following definition:- " " Crown Lands " or " Crown Land "-Land other than land- (a) which has been alienated by the Crown in fee-simple; (b) in respect of which a right to a grant by the Crown in fee-simple- (i) has accrued to any person; or (ii) will accrue to any person upon the performance by him of a developmental or improvement condition; (c) an estate in fee-simple in which is being purchased from the Crown ; (d) which is a reserve; "; (b) omitting the definition " Plan " and inserting in its stead the following definition:- Plan "-A map or plan or a correct copy or tracing of an original map or plan : the term includes, where necessary , a section or elevation ; "; (c) inserting after the definition Prescribed " the following definition:- " " Public purposes "-Any of the following objects or purposes:- Abattoirs Aerodromes Agricultural and horticul- tural societies Approaches Asylums and industrial homes Baths Bridges Buildings Canals Cemeteries , mortuaries and burial places Charitable institutions Conservation, distribution and utilization of water Drainage Easements and rights of way Educational institutions Electrical works Exhibition and show grounds Experimental farms Ferries, fords and crossings Fire brigades Forestry and forestry products Government and govern- ment department purposes Health purposes Hospitals Landing grounds for air- craft Libraries Local governmental purposes Magazines Markets Memorials and memorial halls Museums National parks Orphanages Parks, gardens and recreation grounds Police Ports and harbours Prisons and lock-ups Public halls Quarries, ballast grounds and gravel pits Racecourses Railways Reserves for Aborigines or Islanders Rest areas Roads and stock routes Scenic purposes State forests Stock control and health Stock holding paddocks Tramways University college purposes Watercourses Watering-places Wharves, jetties, ships, quays and landings places; ";

Mining Acts Amendment Act of 1965, No. 21 209 (d) omitting the definition " reserve " and inserting in its stead the following definition:- " " Reserve "-Land which is- (a) a road ; (b) vested in- (i) the Minister for Education of Queensland; or (ii) the Commissioner for Railways; (c) granted in trust , reserved or set apart for public purposes other than as a Timber Reserve within the meaning of " The Forestry Acts, 1959 to 1964 "; or (d) exempted for the time being by this Act or otherwise, wholly or in part, from entry or occupation for mining purposes : Provided that when land is so exempted in part only it shall be a reserve only to the extent to which it is so exempted: The term does not include a miner's common; "; (e) inserting after the definition " River Bed " the following definition:- Road "-Any road, whether surveyed or unsurveyed, dedicated, notified or declared in any manner to be a road for public use and any road comprised of land taken pursuant to any enactment for the purpose of a road for public use: the term includes- (a) any street , esplanade, parade, promenade, avenue , crescent, drive, land, highway, pathway, footway or stock route; (b) any bridge, causeway, culvert or other works, in, on, over or under a road ; and (c) any part of a road; ". 3. Amendinent to s. 15 . Section fifteen of the Principal Act is amended by adding after paragraph (7) the following proviso to that section:- - Provided that, without prejudice to the rights secured to the holder of a miner 's right by the provisions of section twenty-seven of this Act or by a reservation made thereunder in any gold-mining lease , the provisions of paragraph (5) of this section do not apply in relation to land situated within any city, town or town-site save land so situated in respect of which rights were being exercised, pursuant to that paragraph, at the commencement of " The Mining Acts Amendment Act of 1965." " 4. Amendment to s. 19. Section nineteen of the Principal Act is amended by omitting the proviso thereto and inserting in its stead the following proviso:- Provided that- (i) a person shall not be entitled, by virtue of one business license, to occupy at the same time more than one business area; (ii) without prejudice to the rights secured to the holder of a business license by the provisions of section twenty-seven of this Act or by a reservation made thereunder in any gold-mining lease the provisions of paragraph (a) of this section do not apply in relation to land situated within any city, town or town-site save land so situated in respect of which rights were being exercised, pursuant to that paragraph, at the commencement of " The Mining Acts Amendment Act of 1965." "

210 Mining Acts Amendment Act of 1965, No. 21 5. Repeal of and new s . 23. The Principal Act is amended by repealing section twenty-three and inserting in its stead the following section :- " [23.] Exemption of certain land from occupation w a der a miner's right or business license . (1) The holder of a miner's right or a business license shall not, by virtue of such right or license , take possession of or occupy.Crown land which- (a) is in lawful occupation as a yard, garden , orchard or cultivated field ; (b) is in actual occupation and on which a house , shed or other building is erected; (c) on which an artificial dam or reservoir exists or a well or bore is sunk, except upon payment to the person entitled thereto of compensation to be determined in the manner prescribed. (2) The Governor in Council may, by Proclamation published in the Gazette, exempt from the provisions of this Act or any other Act which provisions confer upon the holder of a miner 's right or a business license the right to take possession of or occupy any Crown lands the Crown land specified in such Proclamation or a class of Crown land specified therein. Upon such publication, for so long as such Proclamation continues in force and subject to any variation from time to time made in the terms of such Proclamation and to any Order in Council made pursuant to the next succeeding subsection, the land or class of land therein specified shall be exempt from such provisions accordingly. (3) Notwithstanding a Proclamation made pursuant to the last preceding subsection, upon the recommendation of the Minister, the Governor in Council may, by Order in Council published in the Gazette, authorize that a specified person or persons or persons generally may have and exercise the rights of a holder of a miner's right or a business license or such of those rights as are specified in such Order in Council over and in relation to land subject to such Proclamation or any part of such land. upon such publication it shall be lawful for the person or persons so authorized who hold a miner's right or business license to have and exercise the rights of a holder of a miner's right or. as the case may be, a business license or. in the case of such rights being specified in the Order m Council concerned, such of those rights as are so specified and for the warden to grant and register the same in relation to such person or persons." 6. Amendment to s. 24 . Section twenty-four of the Principal Act is amended by, in paragraph (2), inserting after the word " reservoirs." the words " transmission lines, pipe-lines, conveyers, railways,". 7. Repeal of and new s. 26. The Principal Act is amended by repealing section twenty-six and inserting in its stead the following section:- " [26.1 Conditions and renewals of gold-mining leases . (1) Subject to this Act the yearly rent payable in respect of a gold-mining lease shall be a' the rate of one pound per acre and shai; be paid in advance at the time and in the manner prescribed.

Mining Acts Amendment Act of 1965, No. 21 211 (2) The term of a gold-mining lease shall not exceed twenty-one years but such lease may be renewed from time to time in accordance with this section. (3) A lessee who desires to obtain a renewal of his lease shall lodge with the warden an application in writing therefor at least one month before the date of expiration of the term thereof then current. The warden who receives such an application shall forthwith send the same to the Minister. If the Minister is satisfied that the applicant has observed and performed all the conditions, covenants and stipulations of his lease and has complied with all the provisions of this Act applicable thereto and is in lawful possession of the mining tenement concerned he may, at his discretion, grant to the applicant a renewal of such lease but otherwise he shall refuse such a renewal. Every renewal of a gold-mining lease shall, subject to this section, contain such conditions, covenants and stipulations as are commonly included in gold-mining leases at the date of the grant of such renewal or as the Minister considers desirable in the particular case and to this end the conditions, covenants and stipulations applicable to the preceding term of such lease shall be varied, omitted or added to accordingly except such as are by this Act required to be contained therein. (4) (a) The area of a special gold-mining lease shall be such as the Governor in any case considers proper. (b) The area of a gold-mining lease (other than a special gold-mining lease) shail not exceed twenty-five acres unless the ground the subject of the lease has been previously worked and has been abandoned for at least six months or the Minister is satisfied that because of- (i) the depth of ground concerned; (ii) the difficulty of working the ground concerned; or (iii) the likelihood that the expense of erecting mining machinery in or on the ground concerned will be great, such area should exceed twenty-five acres when, in such case, the area shall be such as is prescribed but not exceeding, in any case, one hundred acres. (5) A person shall not sink a shaft on any gold-mining lease within ten feet of any boundary of such lease." 8. Amendment to s. 28 . Section twenty-eight of the Principal Act is amended by omitting the word " Every " and inserting in its stead the words " Without limiting the covenants which may be included in a gold-mining lease , every ". 9. Amendment to s. 30 . Section thirty of the Principal Act is amended by, in paragraph (2) inserting after the word " reservoirs " the words " transmission lines, pipe-lines, conveyers, railways,". 10. Repeal of and new s . 33. The Principal Act is amended by repealing section thirty-three and inserting in its stead the following section:- - Conditions and renewals of mineral leases . (1) Save as is provided by any other Act with respect to leases to which it applies the yearly rent payable in respect of a mineral lease shall be at the rate of ten shillings per acre and shall be paid in advance at the time and in the manner prescribed.

212 Mining Acts Amendment Act of 1965, No. 21 (2) The term of a mineral lease shall not exceed twenty-one years but such lease may be renewed from time to time in accordance with this section. (3) A lessee who desires to obtain a renewal of his lease shall lodge with the warden an application in writing therefor at least one month before the date of expiration of the term thereof then current. The warden who receives such an application shall forthwith send the same to the Minister. If the Minister is satisfied that the applicant has observed and performed all the conditions, covenants and stipulations of his lease and has complied with all the provisions of this Act applicable thereto and is in lawful possession of the mining tenement concerned he may, at his discretion, grant to the applicant a renewal of such lease but otherwise he shall refuse such a renewal. Every renewal of a mineral lease shall, subject to this section, contain such conditions, covenants and stipulations as are commonly included in mineral leases at the date of the grant of such renewal or as the Minister considers desirable in the particular case and to this end the conditions, covenants and stipulations applicable to the preceding term of such lease shall be varied, omitted or added to accordingly except such as are by this Act required to be contained therein. (4) (a) The area of a special mineral lease shall be such as the Governor in any case considers proper. (b) Save as is provided by any other Act with respect to leases to which it applies, the area of a mineral lease (other than a special mineral lease) shall be such as is prescribed but not exceeding , in any case , three hundred and twenty acres." 11. Amendment to s. 34 . Section thirty-four of the Principal Act is amended by omitting the word " Moreover " and inserting the words " Without limiting the covenants which may be included in a mineral lease ". 12. New s. 34A. The Principal Act is amended by inserting after section thirty-four the following section:- " [34A.] Compensation for damage to improvements by Wining or prospecting . (1) When any Crown land is taken up for mining purposes or is included in a mining lease or an authority to prospect, application may be made to the warden by- (a) a person lawfully entitled to mine or prospect in or on such land (in this section called the " miner ") ; (b) a lessee or other person for the time being lawfully entitled to possession of such land (in this section called the " lessee ") ; (c) an owner or other person lawfully entitled to the use of any improvements on that land or elsewhere (in this section called the " owner "), to assess the amount of actual damage likely to be caused to improvements situated on or off such land by the mining operations or prospecting concerned. If the warden to whom such application is made is satisfied that actual damage is likely to be so caused to the improvements the subject of such application he shall assess the amount of such damage and,

Mining Acts Amendment Act of 1965. No. 21 213 by notice in writing to the miner, shall require the miner to deposit with the warden within twenty-one days of the date of such notice the amount so assessed. The miner shall comply with such a notice and, until he does so, he shall not commence to work in or on such Crown land. (2) (a) For the purpose of an assessment to be made pursuant to an application under the preceding subsection- (i) no allowance shall be made for the interest of the lessee in the Crown land taken for mining purposes or included in the mining lease or authority to prospect concerned ; (ii) a diminution in the use which can be made of any improvements likely to be caused by the mining operations or prospecting concerned shall be deemed actual damage to such improvements to the extent their use is likely to be diminished. (b) The assessment of the warden made upon an application under the preceding subsection shall be final as between the miner and the person or persons for whose benefit the assessment was made. (3) A warden who has received an amount assessed pursuant to subsection (1) of this section shall hold such amount as security to be disposed of as follows:- (a) if the improvements on account of likely damage to which such amount or any part thereof was assessed suffer any damage caused by the mining operations or prospecting concerned , to be paid in whole or in part, as the case may require, to the lessee or, as the case may be, owner; (b) upon the miner abandoning the Crown land taken for mining purposes or included in the mining lease or authority to prospect concerned, to pay to him such part of such amount as has not been expended pursuant to paragraph (a) of this subsection. (4) A lessee or owner shall not be entitled to claim against moneys held by a warden pursuant to this section in respect of damage caused by mining operations or prospecting to any addition made to improvements on account of likely damage to which an assessment has been made pursuant to subsection (1) of this section or in respect of damage so caused to any further improvements which addition or further improvements were erected within one year after the making of such assessment unless the written consent of the warden who made such assessment specifying the nature, value and position of such addition or further improvements was obtained prior to such erection. (5) When an assessment has been made pursuant to subsection (1) of this section with respect to damages likely to be caused by mining operations or prospecting and those operations or prospecting are not commenced within one year of the making of such assessment such assessment shall lapse and, thereafter, shall be of no force or effect and the miner shall not, thereafter, be entitled to commence work in or on the Crown land concerned until the warden has made a fresh such assessment in accordance with this section and the miner has complied with any notice requiring him to deposit any amount with the warden in accordance with this section. (6) No provision of this section shall prejudice the right afforded by law to an owner or lessee to recover from the person liable therefor the full amount of damage sustained by him."

214 Mining Acts Amendment Act of 1965, ! No. 21 13. Amendments to s. 37A. Section 37A of the Principal Act is amended by- (a) omitting subsection (3) and inserting in its stead the following subsection:- " (3) Subject to this Act the yearly rent payable in respect of a dredging lease, whether it be for the purpose of mining for gold or any other mineral, shall be at the rate of ten shillings per acre and shall be paid in advance at the time and in the manner prescribed. The term of a dredging lease shall not exceed twenty-one years but such lease may be renewed from time to time in accordance with this subsection. A lessee who desires to obtain a renewal of his lease shall lodge with the warden an application in writing therefor at least one month before the date of expiration of the term thereof then current. The warden who receives such an application shall forthwith send the same to the Minister. If the Minister is satisfied that the applicant has observed and performed all the conditions, covenants and stipulations of his lease and has complied with all the provisions of this Act applicable thereto and is in lawful possession of the mining tenement concerned, he may, at his discretion, grant to the applicant a renewal of such lease but otherwise he shall refuse such a renewal. Every renewal of a dredging lease shall, subject to this section, contain such conditions, covenants and stipulations as are commonly included in dredging leases at the date of the grant of such renewal or as the Minister considers desirable in the particular case and to this end the conditions, covenants and stipulations applicable to the preceding term of such lease shall be varied, omitted or added to accordingly except such as are by this Act required to be contained therein. The area of a dredging lease shall be such as may, from time to time, be prescribed but shall not exceed the areas respectively specified in relation to the land referred to in this paragraph. that is to say- (a) the 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 land 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."; (b) omitting from subsection (4) the word " Every " and inserting in its stead the words " Without limiting the covenants which may be included in a dredging lease, every ". 14. New ss. 41A and 41B. The Principal Act is amended by inserting after section forty-one the following sectiona-- " [41A.] Correction of instruments of lease . (1: If at an., time it becomes necessary or expedient to correct or vary an% instrument of lease issued in respect of a mining lease by reason that- (a) the boundaries of the land intended to be leased are not set out in such instrument with sufficient certainty (bi such instrument is defective owing to error it the preparation thereof;

Mining Acts Amendment Act of 1965. No. 21 21 5 (c) from a survey of the land more accurate knowledge has been obtained ; (d) the Minister (who is hereby authorized so to do) has approved of the exchange, as agreed upon by the lessees of contiguous mining leases, of areas abutting upon a part of the boundary of such leases which is common to both; (e) the Minister (who is hereby authorized so to do) has approved of the inclusion in a mining lease of an area of adjoining Crown land ; or (f) by reason of facts which have arisen or appeared since the issue of such instrument, the Minister considers a correction of such instrument necessary or expedient, the Governor may declare, by Order in Council published in the Gazette, the matters in respect of which it is intended to correct or vary such instrument. Every such Order in Council shall be registered in the register containing the instrument concerned kept in the Department of Mines. When such an Order in Council has been made under this section every lease or instrument to which the Order relates shall, subject to any directions in that behalf contained in the Order, be construed and operate as if it had been originally granted or issued as corrected or varied by such Order. (2) When an Order in Council has been made under subsection (1) of this section the Minister may- (a) cause notice of his intention to seek cancellation of the instrument of lease concerned to be given to the lessee and to every other person who, to the Minister's knowledge, has an interest in the mining tenement concerned; and (b) cause notice of his intention as aforesaid to- be published in at least one newspaper circulating in the district wherein is situated the mining tenement concerned; and (c) upon the expiration of one month after the date of giving or publication of the notice aforesaid, whichever is the later date, recommend to the Governor that the instrument of lease concerned be cancelled and a fresh instrument be issued in its stead. (3) Upon the recommendation of the Minister the Governor, if he is satisfied that the provisions of subsection (2) of this section have been complied with, may cancel the instrument of lease concerned and may approve that a fresh instrument be issued in its stead. (4) A fresh instrument of lease issued pursuant to this section- (a) shall be the instrument of lease issued in respect of the mining lease concerned in place of the instrument of lease cancelled as aforesaid which shall cease to beof any force or effect; (b) shall be delivered to the person who appears to the Minister to be lawfully entitled to possession thereof. (5) In any proceeding it shall be sufficient for a party relying on an Order in Council made pursuant to this section to prove its registration in accordance with this section, without showing compliance with any other provision of this section.

216 Mining Acts Amendment Act of 1965, No. 21 [ 418.] Issoe of fresh ieshummet of lease in place of existing instrsent. When there is lodged in the Department of Mines an instrument of lease which, in the opinion of the Minister, is in such a condition that a fresh instrument of lease should be issued in its stead, he may cause such instrument of lease to be retained in the Department of Mines and a fresh instrument of lease to be issued in its stead. Such fresh instrument of lease- (a) may bear a form of endorsement which briefly traces the devolution of the title of the lessee from the original lessee to the person appearing as lessee at the time the instrument of lease is retained pursuant to this section; and (b) shall bear endorsement of all apparently subsisting mortgages, encumbrances, charges and other interests affecting the mining tenement concerned and endorsed on the instrument of lease so retained as aforesaid. The Minister shall cause the instrument of lease retained pursuant to this section and every copy thereof within the Department of Mines to be suitably endorsed that a fresh instrument of lease has been issued in its stead." 15. Repeal of and new s . 44. The Principal Act is amended by repealing section forty-four and inserting in its stead the following section:- " [44.] (1) Surrender of lease . The lessee of a mining lease may at any time surrender his interest in the whole or any part of the area comprised in such lease provided that- (a) in the case of any such surrender- (i) the lessee has, in the opinion of the Minister, reasonably fulfilled, having regard to the period of such lease which has elapsed, the conditions, covenants and stipulations therein and on his part to be observed; and (ii) all payments which have become payable in respect of such lease up to the date of such surrender have been duly paid; (b) in the case of such a surrender in respect of a part of such area the part to be surrendered can be identified from the balance of such area by reference to a survey plan properly made and registered. (2) Abandonment of application for mining lease. An applicant for a mining lease may, at any time before or after his application has been recommended by the warden for approval, abandon his application either in respect of the whole or part of the area the subject of such application. (3) Excision of part surrendered or abandoned . Upon a surrender lawfully made under this section of a lessee's interest in part of an area comprised in a mining lease or an abandonment of an application for a mining lease in respect of part of the area the subject of such application the area in respect of which such surrender or abandonment is made shall be excised from the area the subject of such lease or, as the case may be, such application but otherwise such lease or application shah' continue in force and be of effect in respect of the balance of such area."

Mining Acts Amendment Act of 1965, No. 2: 21 16. Repeal of and new s . 46. The Principal Act is amended by repealing section forty-six and inserting in its stead the following section:- " [46.] Mining leases and authorities to prospect over reserves, residence areas and business areas . (1) Notwithstanding any provision of this Act, the Governor in Council may, subject to this section, grant to any person who has applied therefor in accordance with this Act- (a) a mining lease over; or (b) an authority to prospect on, land comprised in a reserve (other than a National Park within the meaning of " The Forestry Acts, 1959 to 1964 "), residence area or business area. (2) Subject to this section the provisions of section 23A of this Act shall apply to and with respect to every application for an authority to prospect which, if granted , would be granted under the preceding subsection and every authority to prospect so granted save that every reference in that section to the " Minister " shall be read as a reference to the " Governor in Council ". (3) A mining lease or an authority to prospect granted pursuant to this section shall be subject to the following conditions:- (a) The lease or authority shall, in respect of land comprised in a residence area or business area , be a lease of or, as the case may be, an authority to prospect in, the earth beneath the surface of the land concerned and at such a depth beneath such surface as is specified in such lease or authority, but the surface of such land may be resumed in accordance with this Act ; (b) In the case of a lease or authority granted over land comprised in a reserve , the lessee or holder of the authority shall not disturb the surface of such land or do any act which affects or disturbs or is likely to affect or disturb the enjoyment of such surface by persons entitled thereto except in accordance with the consent of the Governor in Council first obtained; (c) If the lessee or holder of an authority disturbs the surface of land comprised in a reserve, residence area or business area or does any act which affects or disturbs the enjoyment of such surface by persons entitled thereto he shall pay compensation (determined in manner prescribed) to the person or authority who, in the case of a reserve, has the care and management thereof or who, in the case of a residence area or business area , is entitled to such surface, in respect of damage so caused. (4) (a) In considering whether to grant or refuse a consent referred to in paragraph (b) of the last preceding subsection the Governor in Council shall have regard to the views of the person or authority who has the care and management of the reserve in question but the grant or refusal of such a consent shall remain in the discretion of the Governor in Council. The Governor in Council may restrict his consent to a part or parts of the reserve in question and may subject his consent to such conditions as he considers proper. (b) A claim for compensation payable pursuant to paragraph (c) of the last preceding subsection shall be recoverable if it is made within three months after the right thereto first accrued and not otherwise."

218 Mining Acts Amendment Act of 1965, No. 21 17. Amendment to s. 48 . Section forty-eight of the Principal Act is amended by omitting the words "or land comprised in a lease or special lease as aforesaid,". 18. Amendments to s. 123. Section one hundred and twenty-three of the Principal Act is amended by- (a) inserting after the words " mining tenement " where they first appear and before the brackets following those words the words " or any area in respect of which an authority to prospect subsists "; (b) inserting after the words " mining tenement " where they twice occur subsequently the words " or area ". 19. Application of certain provisions of " The Mining Acts, 18% to 1965 ". The provisions of sections twenty-six and thirty-three and of subsection (3) of section 37A of " The Mining Acts, 1898 to 1965," apply in respect of every application for a renewal of a mining lease made after the date of commencement of this Act and in respect of every renewal of a mining lease granted thereupon notwithstanding that the lease sought to be renewed was granted before the date of commencement of this Act.