Mining (Amendment) Act 1918 (NSW)
MINING (AMENDMENT) ACT.
Act No. 41, 1918.
A n Act to a m e n d t h e law re la t ing to min ing ; to
a m e n d t h e Min ing Ac t , 1906, and t h e Acts r e l a t ing to Crown lands ; to m a k e fu r the r provision for min ing on p r iva te l a n d s ; to
deal w i t h ce r t a in min ing t i t les ; t o provide for e n t r y in to ce r ta in lands ; t o provide t h a t employees may remove or sell ce r ta in bui ld ings and improvemen t s ; to p rov ide for t h e
r e s u m p t i o n of land for min ing villages ; and
for o the r purposes . [Assented to , 18th Decem ber , 1918.]
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as follows : —
1. This Act shall be construed with the Mining
Act, 1900, hereinafter called the Principal Act, andmay be cited as the " Mining (Amendment) Act, 191S."
PART I .
Section three, paragraph (f) : After "conditional
purchase lease" insert " or application for any
such lease, settlement lease, special lease forother A M E N D M E N T S OF T H E P R I N C I P A L A C T .
2 . Subsection four of section thirty-five, subsection two of section sixty-four, subsection three of section ninety-four, section one hundred and fifteen, and sub- sections one and two of section one hundred and sixteen of the Principal Act are hereby repealed.
3 . The Principal Act is amended as follows : —
other than pastoral purposes, Crown lease not expressly limited to grazing, residential lease, homestead farm, additional homestead farm, suburban holding, additional suburban holding, irrigation farm, irrigation lease, week-end lease, lease under any Act hereby repealed"
After the definition of " small coal " insert:—
" Street, road, or highway," includes any street, road, or lane, whether vested in His Majesty, or under the control of any municipal or shire council, or forming part of any subdivision of private land.
Section fourteen, subsection one : Omit para
graph (b).
Subsection three : Omit " as aforesaid " and insert " for mining or mining purposes, or for resi dence under any miner's right, or for business purposes under any business license."
Section sixteen : Insert at the end of subsection
three:—
" The holder of a residence area may erect any building or structure upon the land so occupied, and may remove or dispose of the same during occupation, or at any time within one month or within such further time, not exceeding six months, as the warden may order and direct, after ceasing to occupy such residence area."
Section twenty-three, subsection two : Omit para graphs (c) and (d), and insert:—
(d) Alining leases of auriferous alluvial
Crown land shall only be granted— (a) if in the opinion of the Minister—
(i) the land has been worked and
abandoned; or
(ii) it is necessary that leases be granted, owing to the diffi culties and cost attending the construction of mine works upon or of mining such land; or
(b)
if the land is exempted from occupation under miner's right.
Section
Section twenty-eight: Add the following proviso at the end of the section :—
" Provided that such rights as aforesaid shall not accrue to any applicant for a mining lease of any street, road, or highway, or any Crown land reserved or dedicated for and in actual use for any public purpose."
Section thirty-five : Insert the following subsection in lieu of subsection four hereby repealed :—
(4) Except as hereinafter provided, the area of a lease for mining for opal shall not exceed one hundred and fifty feet square : Provided that a lease of any area not exceeding ten acres may be granted if the prospecting board cer tifies that a greater area than aforesaid is necessary by reason of the difficulties and cost attending the construction of mine works upon or of mining such land.
Section thirty-six, subsection one : After " this P a r t " insert "before the commencement of the Mining (Amendment) Act, 1918."
Section thirty-six :—Insert the following subsections next after subsection two :—
(2A) The annual rent for a gold-mining lease or a mineral lease granted under this Part, after the commencement of the Mining (Amendment) Act, 1918, shall be one shilling per acre, or portion of an acre.
(2B) A royalty shall be paid of one
per centum of the value of all gold and
minerals (other than coal or shale) won from the land demised by lease so granted after such commencement: Provided that the lessee shall not be required to pay royalty in any one year if the gross output does not exceed five hundred pounds in value during such year. (2c) A royalty shall be paid of six pence per ton on all shale or coal won from land demised by lease so granted after such commencement.
Section
Section thirty-six :—
(a) In subsection three omit "so granted," insert "granted under this Par t ." (b) Omit in subsection four the words " in all cases" and insert " in respect of a gold- mining lease or mineral lease." (e) Insert the following words at the end of subsection live:—"For the purposes of this subsection, leases amalgamated in accordance with the provisions of this Act, or any Act hereby repealed, shall be regarded as one lease."
The following new section is inserted next after section thirty-nine: —
39A . A lease of Crown lands granted under any Act hereby repealed, the term of which has been renewed, may be renewed for a further term not exceeding twenty years, subject to such rents, royalties and other covenants and conditions as the Governor may prescribe.
Section forty-four : Insert the following subsection after subsection three :—
(4) Any tailings, ore, minerals, or stone left upon Crown land held under lease under any Act hereby repealed, and remaining upon such land after the expiration of six months from the date of determination of such lease, shall become the absolute property of the Crown, and shall form part of the land.
Section forty-five: In the definition of "owner,"
omit "conditional lessee," and insert "lessee
from the Crown." Omit " I n this Part the word 'minerals ' shall not include coal or shale, nor shall coal or shale be included within the substances
which may be declared minerals by proclama
tion of the Governor."Section fifty, subsection one : Insert at the end of the subsection :—" An authority to enter may be granted in respect of an area comprising lands held by two or more owners, provided that such lands are adjoining or separated only
by a street, road or stream." Section Section fifty, subsection two : Insert at the end of the subsection :
(c) If the applicant fails to attend after notice of inquiry under section fifty-one has been served upon him.
The following new section and short heading are inserted next after section fifty : —
Interim authority to enter.
50A. (1) Upon receipt of any application for authority to enter and search for gold upon any private lands, or for authority to enter and search for any mineral other than gold upon lands which within his knowledge are open to mining under this Part for all minerals, the warden or warden's clerk may, at the request of the applicant, issue in the prescribed form an interim authority to enter such lands, upon payment by the applicant of such sum,
n o t exceeding t e n shilling's, as the warden or
w a r d e n ' s clerk may consider necessary to coverrent and compensation for surface damage.
(2) Upon payment of such sum the warden or warden's clerk shall forthwith, in the presence of the applicant, mark out, or cause to be marked out b y the warden's bailiff, the area required by the applicant.
(3) Such interim authority shall be for such period, not exceeding one month, as the warden or warden's clerk may think necessary, pending the holding of the inquiry prescribed by section fifty-one of this Act.
(4) Such interim authority shall en title the holder to enter upon the land therein described during the period therein named, and do all such acts and things as may be necessary for prospecting the said land, but shall not entitle the holder to apply for a lease of the subject land. (5) An interim authority to enter shall not b e granted in respect of land the subject of a n y title under this Part, or of a pending application for authority to enter, lodged b y
any
any person other than the applicant for such interim authority. The warden's decision as to whether the area applied for is or is not the subject of any pending application shall be final.
Section fifty-seven : Insert the following proviso after subsection one :—
Provided that the holder of two or more authorities to enter upon adjoining lands may apply for a lease of the whole or any part of the lands included in such authorities, not exceeding the extent prescribed by section sixty-three.
The following new section and short heading are inserted next after section fifty-seven :—
Conditional purchase, or lease not confirmed.
57A. (1) Where application for authority to enter has been lodged, or authority to enter under this Part has been granted in respect of land the subject of an application for con ditional purchase, or for any lease, under the Crown Lands Acts, and any such conditional purchase or lease application is refused, the applicant for or holder of such authority to enter shall be deemed to be in possession of the subject land, and to be entitled to apply for a lease of such land as Crown land—
(a)
where an authority to enter has not been granted, within one month after the date of refusal as aforesaid ;
(b) where an authority to enter has been
granted, at any time during the currency of such authority:
Provided that no extension of any such author ity shall be granted by the warden, and any rent payable under such authority after the date of refusal shall be paid to the warden's clerk on behalf of the Crown.
(2) If the applicant for or holder of an authority to enter as aforesaid fails to apply for a lease within the time prescribed his title shall lapse.
Section
Section sixty, subsection one : Omit " to the holder of any lease under this Act, or to any person carrying on mining operations," and insert in lieu thereof " to any person."
Section sixty-one: Insert the following proviso at the end of the section :—
Provided that where the surface and the land to a specified depth below the surface is excepted from any land held under lease under this Part, such excepted surface and the land to the specified depth shall be open to applica tion by any person for authority to enter or lease under this Part.
Section sixty-three : Omit all words after " twenty- five acres" to the end of the first paragraph, and insert the words " to mine for opal shall not exceed one hundred and fifty feet square, to mine for coal or shale shall not exceed six hundred and forty acres, and to mine for any mineral other than gold, coal, shale, or opal shall not exceed eighty acres."
Section sixty-four, subsection one : After the word "lease " first appearing insert " (except a lease under section sixty)," and in lieu of subsec tion two hereby repealed, insert the follow ing :—
(2) The Minister may direct the warden to assess compensation to be paid by the applicant to the owner or occupier in addition to the compensation already paid in respect of the authority to enter.
The following new section and short heading are inserted next after section sixty-seven :—
Tailings, &c., on determined leases. 67A. Any tailings, ore, minerals, or stone left upon private lands formerly held under lease under this Act or any Act hereby repealed, and remaining upon such land, shall be and be deemed to be part of the said land—
(a)
in the case of a lease under any Act hereby repealed, after the expiration of twelve months from the date of deter
mination of such lease ; (b)
(b)
in the case of a lease under this Act, after the expiration of thirty days from the date of determination of such lease.
Section sixty-eight: Omit subsection three.
Section eighty-two, subsection one: After "min-
erals " first appearing insert " except coal or
shale."
Subsection two : Omit the subsection, insert—
(2) A royalty shall be paid of sixpence per ton on all coal or shale obtained from any land held under an authority to enter or a lease under this Part.
Subsection four: Insert the following words at the end of the subsection :—" For the purposes of this subsection, leases of private lands amal gamated in accordance with the provisions of this Act or any Act hereby repealed shall be regarded as one lease; but where a lease of Crown lands is amalgamated with a lease of private lands, the lessee shall not be entitled to deduct the rent paid in respect of such lease of Crown lands from the royalty payable in respect of the gold or mineral won from such private lands."
Section ninety-eight, subsection two: Insert the following words at the end of the subsec tion :—" For the purposes of this subsec tion, dredging leases amalgamated in accord ance with the provisions of this Act shall be regarded as one lease: Provided that the lessee shall not be entitled to deduct the rent
under any Act hereby repealed from the paid in respect of any dredging lease granted royalty payable in respect of such amalgamated
leases."The following subsection is inserted next after sub- section four of section one hundred and eleven:—
(5) Every such authority shall be and remain in force for the period stated therein, notwithstanding that the claim or lease upon which the authority operates has determined
during
during such period; but the holder of such authority may at any time surrender the same.
The following section is inserted in lieu of section one hundred and fifteen hereby repealed:—
115. (1) Every holder of a lease, or other title to mine, subject to the payment of any sum by way of royalty to the Crown, granted under this Act, or any Act hereby repealed, shall, during the first fourteen days of the month of January in each year, furnish to the Minister a full and proper return, verified by statutory declaration, showing the quantity and value of gold or minerals including coal and shale won from the land held under lease, or other title to mine during the preceding year ending the thirty-first day of December.
(2) Every such return shall be in the form prescribed, and if the holder of such lease or other title to mine is a public company such return shall be furnished by the manager or person acting in the management, or by the secretary of the company.
( 3 ) Any such holder or any such
manager, person, or secretary who fails to furnish such return within the prescribed time or in the prescribed form shall be liable to a penalty not exceeding fifty pounds, and to a further penalty not exceeding five pounds for every day after the expiration of the said fourteen days during which he fails to furnish such return.
The following subsection is inserted in lieu of sub-
sections one and two of section one hundred
and sixteen hereby repealed :—116. (1) If the Minister is not satisfied with any return furnished in accordance with the last preceding section, he may require the person furnishing the same to furnish further particulars of the gold or minerals won, or may, whether any return has been furnished or not, appoint any officer of his department or other person to make all necessary inquiries in
relation
relation to such gold or minerals. The officer or person so appointed may make all such inquiries, and may require such holder, or his clerk, or the manager, secretary, or clerk of any such company to produce for his inspection at the office of such holder or company any hooks, accounts, documents, writings, papers, or instruments in his possession or under his control that such officer or person may consider necessary to enable him to ascertain the quantity of gold or minerals won, and may make; copies of any entries or matters contained in such hooks, accounts, documents, writings, papers, or instruments, and upon completion of such inquiries, such officer or person shall report thereon to the Minister.
Section one hundred and eighteen, subsection one: Omit " ad jo in ing" before the word "d redg ing" and insert at the end of the sub- section " any amalgamation of dredging leases not adjoining which has been authorised by the Minister before the commencement of the Mining (Amendment) Act, 1918, shall be and be deemed to have been duly authorised."
Section one hundred and twenty : After subsection three, insert the following subsection :—
(4) Any geological surveyor may enter any
private lands in the performance of his duties.The following new section is inserted next after
section one hundred and twenty-two :—
122A. (1) The Sludge Abatement Board, for
the purpose of conducting any investigation
under the authority of this Act, shall have the
same powers and authority to summon wit
nesses and receive evidence as are conferred upon commissioners by letters patent by the Royal Commissioners Evidence Act, 1901 ; and all the provisions of the last-mentioned Act shall apply to witnesses so summoned, and evidence so received and given, as completely and effectually as if such witnesses had been summoned, and such evidence had been re ceived or given by virtue or under the authority
of the Act lastly hereinbefore cited. (2) (2) The Minister, upon the recom mendation of the Sludge Abatement Board, may, by notice in writing under his hand, require any person carrying on any sluicing, dredging, or other mining operations to erect such works or take such steps as the board may deem necessary to prevent the discharge of water from the place where any such sluic ing, dredging, or other mining operations are being carried on into any river, stream, water- course, lake, or reservoir, notwithstanding that the water so discharged docs not contain solid matter in the total proportion of more than eight hundred grains to one gallon.
(3) Every such notice shall specify the works to be erected or the steps to be taken by such person, and shall state a time within which the required action is to be completed.
(4) When notice is given to two or more neighbouring persons, the Minister may, on the recommendation of the board, determine what proportions of the cost of the works shall be borne by such persons respectively.
(5) Where by reason of the carrying on of any sluicing, dredging, or other mining operations in the bed of any river, stream, watercourse, lake, or reservoir, the water of such river, stream, watercourse, lake, or reser voir becomes charged with any poisonous or noxious matter, or any earthy or other insoluble mineral substance, so as, in the opinion of the board, to pollute or tend to pollute such water,
notwithstanding that such water does not con tain solid matter in the total proportion of more than eight hundred grains to one gallon, the Minister, on the recommendation of the board, may, as hereinbefore prescribed, require the persons carrying on such sluicing, dredg ing, or other mining operations, to take such steps as the board may deem necessary to pre vent or reduce such pollution. (6) Any person who neglects or fails
to comply with the requirements of any notice
given
given under this section within the time therein stated shall he guilty of an offence, and shall he liable to a penalty not exceeding twenty-five pounds, and to a further penalty not exceeding live pounds for every day after the expiry of such time during which he shall fail to comply with the requirements of such notice.
The following new section and short beading are inserted next after section one hundred and twenty-four:—
Complaint as to non-compliance with labour conditions.
121A. (1) Any person may give notice in writing by complaint to the Minister in the pre scribed form of non-compliance with the labour conditions by the lessee of any lease granted under this Act or any Act hereby repealed, and may at the same time apply for a lease of the land comprised in such lease, or any part thereof in the event of such lease being cancelled. Such complaint and application shall be lodged at the Department of Mines, Sydney, and the Minister shall forthwith cause a notice to be served upon the lessee, informing him of such complaint and application. Within fourteen days of service of such notice upon him, the lessee may in the manner prescribed enter an appearance to such complaint and apply for a hearing.
(2) If the lessee enters an appearance
within the prescribed time, the Minister shallnotify the complainant and require him to
to abide the costs of the hearing. lodge, within seven days, the sum of five pounds (3) The Minister may, whether the lessee has or has not entered an appearance, direct a warden to hear the complaint.
(4) Upon receipt of such direction, the warden shall fix a day for hearing the complaint and application, and shall give not less than fourteen clear days' notice of such hearing to the complainant and the lessee. On the day fixed, the warden may take evidence
on
on oath in open court as to the subject matter of the complaint, and shall forward a copy of such evidence to the Minister, together with his report and recommendation.
(5) The warden may recommend to
the Minister—
(i) if he finds the complaint proved—
(a) that the lease be cancelled and that a lease of the subject land or any part thereof be granted to the complainant or be not so granted ; (ii) if he finds the complaint not proved or that it is disproved—
(b) that the complaint be disallowed;
(iii) in either case—
(c) that costs be allowed to the successful party. The warden shall announce in open court the purport of his report and recommendation to the Minister.
(6) Either party may within seven days after such announcement appeal in writ- ing to the Minister against the warden's recommendation, and the Minister may direct a warden to hold a further inquiry, or may, if he considers the appeal to be frivolous or vexatious, refuse to entertain the same.
(7) At the expiration of seven days after receipt of the warden's report and recom mendation, or, where there is an appeal to the Minister, after the determination of such
appeal, the Minister may—
(a)
recommend to the Governor that the lease be cancelled;
(b)
recommend to the Governor that a lease of the subject land, or any part thereof, be granted to the complainant;
(c) disallow the complaint.
(8) Where the lessee has entered an appearance, he shall, if the complaint is dis allowed, be entitled to costs to be awarded by the warden, but not exceeding the amount deposited by the complainant.
(9)
(9) Upon the cancellation of any lease
upon complaint as aforesaid, the complainant shall he entitled to a lease of the subject land, or any part thereof he may have specified in his application, and the Governor may grant such lease in the same manner as if possession of the land had been taken and application lodged in accordance with the provisions of this Act relating to a lease of the same class as the cancelled lease. The notification that such lease has been granted shall be published at the same time as the notification of cancellation of the cancelled lease.
The following new section is inserted next after section one hundred and twenty-five :—
125A. The lessee of any lease of Crown land granted under this Act or any Act hereby repealed shall permit any employee who has erected or purchased any building or other improvement on the said land to remove such building or improvement at any time during bis employment or within six months after the determination of such employment, or to sell such building or improvement to any other person employed on or about the said land.
The following new section is inserted next after section one hundred and twenty-eight:—
128x\. The title of any applicant for a lease or authority under this Act shall not be vitiated by reason of the non-performance of any act, matter, or thing required to be done by or for the applicant for or holder of such
caused by the fault, neglect, or absence of any lease or authority if the non-performance was warden or warden's clerk". Section one hundred and thirty-eight, subsection
four: After " m a d e to appea r " insert " t o the warden sitting in chambers."
The following subsection is inserted next after sub- section live of section one hundred and forty- five :—
(6) In any proceedings before a warden's
court for a declaration of forfeiture of any
tenement,
tenement, the court may order that forfeiture shall take effect on a date to be fixed by the court, of which notice in writing shall be given to the complainant alone.
Section one hundred and seventy-eight: Omit the words " and in the latter case such notice shall be advertised in two issues of a newspaper circulating in the district in which the land is situated."
4. The following sections and short heading are inserted in the Principal Act next after Division 4 of Part IV of that Act :—
DIVISION 4A.—Mining on private land held
without reservation of minerals.
70A. (1) Except as hereinafter provided, it shall be lawful,on and after the first day of January, one thousand nine hundred and nineteen, for the warden to grant to any holder of a miner's right authority to enter and search for minerals in and upon any private lands alienated or in process of alienation without any reservation of minerals to the Crown or with a reservation of gold or gold and silver only.
(2) Application for any such authority to enter shall be made to, and such authority may be granted by the warden subject to assessment and payment of rent and compensation in the manner prescribed by Division 2 of this Part of this Act and the regulations thereunder in the case of autho rities to enter applied for or granted thereunder.
(3) Every such authority shall confer the like rights and privileges and entail the like obliga
tions and penalties as are respectively prescribed bythis Act in relation to authorities to enter granted under the said Division, save only that the holder shall not be required to pay any royalty to the Crown in respect of any minerals (other than gold, or other than silver, if silver is reserved to the Crown) won from the land included in such authority to enter.
70B. (1) Any holder of any such authority to enter who desires to obtain a lease of the land
defined
defined in such authority, or any part thereof, may make application for such lease, in the manner prescribed by section fifty-seven of this Act.
(2) Leases may be granted by the Governor in the name and on behalf of His Majesty, and the provisions of Division 3 of this Part of this Act relating to the grant or refusal of applications for leases of private lands shall apply to applications made under this section.
(3) The provisions of this Act in relation to the term, rent, area, dimensions, form, and con ditions of leases of private lands and the rights and duties of lessees shall apply to leases granted under this Division.
70c. (1) The holder of any authority, and the lessee of any lease granted under the preceding sections of this Division, shall at the times and in the manner prescribed pay to the Minister on behalf of the owner of the land included in such authority or lease a sum equal to five per centum of the net annual profits of working the mines or winning the minerals (other than gold or silver as aforesaid) in and from the said land.
(2) The Minister shall at the time and in the manner prescribed pay to the owner of the said land all the sums paid as aforesaid less an amount equal to one per centum, which he is hereby authorised to deduct from such sums: and the amounts so deducted shall be paid by the Minister into the Treasury and carried to the Consolidated Revenue Fund.
reserved to the Crown won from the said land a the Crown in respect of any gold or any silver (3) Such holder or lessee shall also pay to royalty of one per centum of the gross value of such gold and silver; such royalty shall be paid at the times and in the manner prescribed by section eighty-two of this Act.
70D. (1) No authority to enter, and no lease under this Division shall be granted in respect of any land in or upon which bona fide mining operations are being carried on by or with the concurrence of the owner at the time when the
application
application is made : Provided that in the event of any dispute arising as to whether bona tide mining operations are being carried on as aforesaid, or as to the area protected by this section, the question shall be determined by the Minister after inquiry and report by the warden.
(2) The provisions of sections forty-seven and forty-eight of this Act shall apply to applica tions for authority to enter or lease under this Division.
5 . The following short heading and section are inserted next after section one hundred and eight of the Principal Act:—
Mining titles.
1C8A . Every lease, or authority, to mine for shale granted under the provisions of this Act or
a n y Act hereby repealed, shall notwithstanding
the terms or conditions of such authority or leasebe subject to the following special conditions :—
(a)
That if in the opinion of the Minister the shale in such mine, or its products, or any portion thereof, will at any time during the said term be required for the use of His Majesty's Australian Navy, the said Secretary for Mines shall have the right of pre-emption for such use as aforesaid of all shale, or the products thereof, Avon from the said land, at a price to be agreed upon between the Minister and the lessee, or, in case of dispute, to be fixed by arbitration.
(b) That in time of Avar the Minister, on behalf of the C r o w n , may assume control of the said land, and all plant and machinery erected thereon.
6. The following short heading and sections are
inserted next after section 125A of the Principal Act : —
Abandoned mines.
125B. Where any holder of a permit to mine for or remove minerals, granted under the provisions of section seven of the C r o w n Lands Act of 1884, has ceased for a continuous period of six months to carry o n mining operations on the land the subject
of
of such permit, the Minister may, upon being satisfied that mining operations have ceased as aforesaid, recommend the cancellation of, and the Governor may cancel, such permit.
125c. (1) If it is proved to the satisfaction of the warden that any land the subject of any regis tered title under a miner's right or business license has been abandoned by the registered holder for a continuous period of three months, the warden may, on proceedings being taken by a mining registrar or warden's bailiff as prescribed, cancel such regis tered title and direct the mining registrar to make an entry to that effect in the register relating to such title, and such title shall thereupon cease and determine.
(2) If upon inspection of any land held or claimed to be held by virtue of any agreement registered or purporting to have been registered in terms of section thirty-three of the Mining on Private Lands Act of 1894, it appears that mining operations on such land have ceased to be carried on for a continuous period of three months, the warden may, on proceedings being taken by a mining registrar or warden's bailiff as prescribed, declare the registration of such agreement to be cancelled, and may direct the mining registrar to make an entry in the register to that effect, and such agreement shall thereupon become void and determined.
7. The following short heading and section are in
serted in the place of section one hundred and seventy-
seven of the Principal Act, repealed by the Crown
| thereto:— | Lands Consolidation Act, 1913, and the short heading | Resumption | of private land for mining | villages. |
177. (1) Whenever, in the opinion of the Gover nor, any land is required for the purpose of a mining village, and no Crown land suitable for the purpose is available within a reasonable distance of the centre of mining operations, the Governor may, by notification in the Gazette, resume any private lands which he may deem necessary for such
purpose,
purpose, and such resumption may be of the land without any limitation as to depth, or of the surface and the land to any specified depth below the surface.
(2) Upon publication of such notification in the Gazette, such private lands shall vest in His Majesty, freed and discharged from all estates, interests, and trusts, affecting the same, and shall become Crown lands within the meaning of the Crown Lands Consolidation Act, 1913, and this Act, and may be disposed of under any such Act, but shall be reserved from sale or lease and exempted from occupation under any miner's right or business license until the Governor, by notifi- cation in the Gazette, revokes such reservation or exemption.
(3) Upon publication of such notification the owner of such land shall be entitled to com pensation for the loss of his interest therein; and in the event of there being a tenant or rightful occupier of such land other than the owner, such tenant or occupier shall be entitled to compensation for the loss of his interest therein.
(1) The Minister may direct the warden
or other person to assess the market value of such land and any improvements thereon at the date of resumption, reasonable allowance being made for any damage that may be caused by severance: and if there is any person other than the owner having interest in such land, the value of such interest shall also be assessed, and such assessed value shall
be paid to the persons entitled thereto respectively. (5) I t shall be lawful, if the owner so desires, for the Governor to accept a surrender of such private lands, and to grant to the owner by way of exchange any area of Crown lands of equal value, and the provisions of the Crown Lands Consoli dation Act, 1913, relative to surrender and exchange of lands shall apply to any such surrender or exchange.
SPECIAL
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