Mining Acts Amendment Act of 1967 (Qld)

32 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1967 An Act to Amend "The Mining Acts, 1898 to 1965," in certain particulars [ASSENTED TO 5TH APRIL, 1967] 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 1967." (2) Principal Act. " The Mining Acts, 1898 to 1965," are in this Act called the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Mining Acts, 1898 to 1967." 2. Amendments to s. 28 . Section twenty-eight of the Principal Act is amended by- (a) numbering the section down to and including the paragraph commencing with the words "And every such gold-mining lease shall contain a condition " as subsection (1);

Mining Acts Amendment Act of 1967, No. 10 33 (b) omitting paragraph (3A) of subsection (1), as so numbered by this Act, and inserting in its stead the following paragraph:- (3A) In the case of a special gold-mining lease- (i) A covenant to bona fide and continuously work the mining tenement by carrying on mining operations for the purposes for which it is demised with reasonable diligence and skill; (ii) Either- (a) a covenant to employ at all times such number of men as is prescribed in the lease in question in the operations referred to in provision (i) of this paragraph (3A), subject to such exemption or partial exemption as may be granted under this Act or the Regulations; or (b) where the lease in question is one of two or more special gold-mining leases , granted or to be granted to the same lessee , of lands situated in the same locality of the State, a covenant to employ at all times such number of men as is prescribed in the lease in question in such locality, subject to such exemption or partial exemption as may be granted under this Act or the Regulations, whichever the Minister considers to be proper in the circumstances; (iii) Either- (a) a covenant to carry out in or on the mining tenement, within the time specified in the lease, such work as (having been determined by the Governor in Council to be proper) is prescribed in the said lease; or (b) where the lease in question is one of two or more special gold-mining leases , granted or to be granted to the same lessee, of lands situated in the same locality of the State, a covenant to carry out in such locality, within the time specified in the lease, such work as (having been determined by the Governor in Council to be proper) is prescribed in the said lease, whichever the Minister considers to be proper in the circumstances."; (c) numbering the section from and including the paragraph commencing with the words " In the case of a special gold-mining lease, the lessee shall " to the end of the section as subsection (2); (d) in subsection (2), as so numbered by this Act- (i) adding to the paragraph commencing with the words " In the case of" the words "or, as the case may he, in the locality of the State prescribed in such lease "; (ii) omitting from the paragraph commencing with the words " If the lessee makes default" the words "in or on the land comprised" and inserting in their stead the words " as prescribed ". 3. Amendments to s. 34 . Section thirty-four of the Principal Act is amended by- (a) numbering the section down to and including paragraph (7) as subsection (1); 2

34 Mining Acts Amendment Act of 1967, No. 10 (b) omitting paragraph (5) of subsection (1), as so numbered by this Act, and inserting in its stead the following paragraph:- (5) In the case of a special mineral lease- (i) a covenant to bona fide and continuously work the mining tenement by carrying on mining operations for the purposes for which it is demised with reasonable diligence and skill; (ii) Either- (a) a covenant to employ at all times such number of men as is prescribed in the lease in question in the operations referred to in provision (i) of this paragraph (5), subject to such exemption or partial exemption as may be granted under this Act or the Regulations; or (b) where the lease in question is one of two or more special mineral leases , granted or to be granted to the same lessee, of lands situated in the same locality of the State, a covenant to employ at all times such number of men as is prescribed in the lease in question in such locality, subject to such exemption or partial exemption as may be granted under this Act or the Regulations, whichever the Minister considers to be proper in the circumstances ; (iii) Either- (a) a covenant to carry out in or on the mining tenement, within the time specified in the lease , such work as (having been determined by the Governor in Council to be proper) is prescribed in the said lease; or (b) where the lease in question is one of two or more special mineral leases, granted or to be granted to the same lessee, of lands situated in the same locality of the State, a covenant to carry out in such locality, within the time specified in the lease such work as (having been determined by the Governor in Council to be proper) is prescribed in the said lease, whichever the Minister considers to be proper in the circumstances."; (c) numbering the section from and including the paragraph commencing with the words " In the case of a special mineral lease the lessee shall " to the end of the section as subsection (2); (d) in subsection (2), as so numbered by this Act- (i) adding to the paragraph commencing with the words " In the case of " the words " or, as the case may be, in the locality of the State prescribed in such lease "; (ii) omitting from the paragraph commencing with the words " If the lessee makes default" the words " in or on the land comprised" and inserting in their stead the words " as prescribed ". 4. Amendment to s. 100. Section one hundred of the Principal Act is amended by omitting the words " assign to any warden's court such goldfields and mineral fields or parts thereof respectively as he thinks fit " and inserting in their stead the following words:- in like manner, assign to any warden's court- (a) such goldfields and mineral fields or any part thereof;

Mining Acts Amendment Act of 1967, No. 10 3` (b) such mining tenements not situated within any goldfield or mineral field, as he thinks fit." 5. Amendments to s. 101 . Section one hundred and one of the Principal Act is amended by- (a) in subsection (1), inserting after the words " part thereof " the words " or any mining tenement not situated within any goldfield or mineral field"; (b) in subsection (2)- (i) inserting after the words " part thereof ", where they first occur, the words " or any mining tenement "; (ii) inserting after the words " part thereof ", where they secondly occur, the words " or such mining tenement ". 6. Repeal of and new s . 104. The Principal Act is amended by repealing section one hundred and four and inserting in its stead the following section:- " [104.] Jurisdiction of warden ' s courts . (1) Subject to the provisions of this section every warden's court shall have jurisdiction throughout the whole of Queensland. (2) A complaint the determination of which involves the right to any mining tenement, or any share therein, or the right to mine any land or to use any land in connection with the business of mining, or any money due in respect of any mining tenement or such right, or contributions or calls made or apportioned by or between any persons or bodies corporate for the purpose of carrying on the business of mining, or in any way connected therewith, shall be heard and determined in the warden's court as follows:- (a) when such mining tenement or land is situated within a gold field or mineral field or any part thereof assigned to a warden's court, or such other matter of complaint arises in connection with a mining tenement or land so situated, in that warden's court to which the field or part in question is assigned; (b) when such mining tenement is duly assigned to a warden's court or such other matter of complaint arises in connection with a mining tenement so assigned, in that warden's court to which the mining tenement in question is assigned; (c) in all other cases, in that warden's court the office whereof is nearest to the place where such mining tenement or land is situated or, as the case may be, where is situated the mining tenement or land in connection with which such other matter of complaint arises. (3) A complaint of any matter within the jurisdiction of a warden's court other than a complaint referred to in subsection (2) of this section shall not be heard in a warden's court unless the defendant or (where there are two or more defendants) one of them- (a) resides within a goldfield, mineral field or mining tenement assigned to such court; or

36 Mining Acts Amendment Act of 1967, No. 10 (b) resides at a place- (i) which is not situated within a goldfield, mineral field or part thereof or a mining tenement assigned to any other warden's court; and (ii) to which the office of the warden's court before which the complaint in question is to be brought is the nearest warden's office; or (c) consents in writing or submits himself to the jurisdiction of the warden's court before which the complaint in question is brought." 7. Repeal of and new s. 106. The Principal Act is amended by repealing section one hundred and six and inserting in its stead the following section:- " [106.1 Places for holding warden's courts . A warden's court may be held at any place- (a) within the limits of a goldfield or mineral field, or part thereof, assigned to such court; (b) within the locality within which is situated a mining tenement assigned to such court; (c) specified by the Governor in Council (in the Proclamation whereby he assigns a mining tenement to a warden's court or in a later notification published in the Gazette) as a place at which a warden's court may b: held to hear and determine matters concerning such mining tenement; (d) which is not situated within the limits of a goldfield, or mineral field, or part thereof, or a mining tenement assigned to any other warden's court and to which the office of the warden's court in question is the nearest warden's office.". 8. Protection of certain official acts , &c. Neither- (a) the validity of the grant of any mining lease, claim, licence, permit or other right made under the Principal Act or under that Act as amended by this Act in respect of land which is not situated within any goldfield or mineral field; nor (b) any act or thing done or omitted purportedly in exercise of the authority of such a mining lease, claim, licence, permit or other right; nor (c) any determination made by a warden's court in a proceeding commenced before the date of the passing of this Act in respect of such a mining lease, claim, licence, permit or other right or in respect of the mining tenement subject thereto or in respect of any matter arising in connection with the conduct of the business of mining therein, shall be questioned by reason of the fact that the warden's court which- (i) conducted any prescribed hearing commenced before the date of the passing of this Act upon which the validity of the grant in question depends;

Mining Acts Amendment Act of 1967, No. 10 37 or, as the case may be, (ii) made the determination in question, was not the prescribed warden ' s court by which such hearing should have been conducted or by which such determination should have been made.