Mining (Amendment) Act 1935 (NSW)
MINING (AMENDMENT) ACT.
Act No. 15, 1935.
with. [Assented to, 14th March, 1935.] BE
An Act to provide for the annual registration of mining tenements; to provide for the grant of licenses to prospect on private lands; to provide for the extension of the term of certain mining leases of Crown lands; to modify the labour conditions in certain gold mining leases; to amend the Mining Act, 1906, and certain other Acts in certain respects; and for purposes connected there-
BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with t he advice and consent of the Legis Wales in Par l iament assembled, and b y the author i ty of the same, as follows :— 1. (1) This Act may be cited as the " Mining (Amendment) Act, 1935 ," and shall be read and con s t rued with the Mining Act, 1906, as amended by subsequent Acts-
(2) The Mining Act, 1906, as so amended, is in
this Act re fe r red to as the Pr inc ipa l Act.
(3) This Act shall commence upon a date to be appointed by the Governor and notified by proclamat ion published in the Gazette .
(4) The Pr inc ipa l Act, as amended by this Act,
may be cited as the Mining Act, 1906-1935.
2. The Pr inc ipa l Act is amended—
(a) (i) by omit t ing from p a r a g r a p h (a) of the definition of " Crown lands " in section three the words " except as here inaf ter provided " and by inser t ing in lieu thereof the words " (other than the lands refer red to in p a r a g r a p h (f) of this definition) including—
(i) Crown leases granted before or after the commencement of the Mining (Amendment) Act, 1935, of land set
a p a r t for g r az ing ; and
(ii) conditional leases which embrace any Acts , before the commencement of this Act, for mining or for mining purposes , or (where in the notification of such reserve the land is described as being within a gold field) for any other purpose , or which embrace any land exempted from al ienat ion and reserved for mining or min ing pur poses in pursuance of the provisions of section one hundred and six of this A c t . " land reserved under the Crown Lands
(ii)
(ii) by inser t ing in p a r a g r a p h (f) of the same definition after the words " conditional lease " the words and symbols " (not being a lease of the class refer red to in subpara g r a p h (ii) of p a r a g r a p h (a) of this defini
t ion) " ;
(iii) by omit t ing from the same p a r a g r a p h the words " not expressly limited to graz ing " and by inser t ing in lieu thereof the words and symbols " (not being a lease of the class refer red to in subpa rag raph (i) of
p a r a g r a p h (a) of this definition) " ; (iv) by inser t ing at the end of p a r a g r a p h (g) of the same definition the words " or land included in any valid applicat ion for a con dit ional purchase or homestead selection " ;
(b) by omitting from the same section the definition of " Crown Lands Acts " and by inser t ing in lieu thereof the following definition :— " Crown Lands Acts " means the Crown Lands Alienation Act of 1861, the Crown Lands Act of 1884, the Crown Lands Consolidation Act, 1913, the Wes t e rn Lands Act of 1901, and any Acts amend ing such Acts .
(c)
by inserting in the same section after the definition of " Jus t ice " the following new definitions:—
" License " means a license to prospect issued in pursuance of this Act. " Licensee " means the holder of a license.
3. The Pr inc ipa l Act is fur ther amended by omit t ing
section seventeen and by inser t ing in lieu thereof the
following section:—17. (1) A holder of a m i n e r ' s r ight may make applicat ion for an au thor i ty to prospect for gold or any minera l on any Crown lands, whether exempted from occupation under this P a r t or not, a n d / o r for an au thor i ty to occupy any such Crown lands , and to construct and use thereon races, dams, pipe-lines, reservoi rs , o r roads for mining purposes .
(2)
(2) The applicat ion shall be made in the manner and form prescribed, and shall be accom panied by the deposit prescribed, which may be applied towards payment of the ran t referred to in this section.
(3) The Minister may, on the recommendat ion of the warden or the prospect ing board, g r a n t the author i ty , subject to such conditions as to mark ing out the land comprised there in and taking possession thereof as may be prescribed.
(4) The Minis ter may—
(a) determine the area to be held under such
au thor i ty and the r en t to be pa id there for ; (b)
impose such conditions thereon as to labour or otherwise as he thinks fit;
(c)
suspend or postpone the fulfilment of any conditions so imposed for any per iod not exceeding three mon ths ;
(d)
cancel any authority where the holder has failed to comply with any of the conditions upon which such au thor i ty was granted .
(5) An au thor i ty may be g ran t ed for any per iod not exceeding twelve months .
Upon applicat ion in t ha t behalf made dur ing the currency of any author i ty , the Minis ter may, if it appea r s to him tha t fu r ther t ime is requisi te to enable the holder to complete the prospect ing opera t ions, g r a n t extensions from t ime to t ime of the per iod of the au thor i ty , subject to such conditions as
he may think fit, but so tha t the to ta l per iod, including extensions for which any au thor i ty is to remain in force, shall not exceed twenty-four months .
(6) Such au thor i ty shall, on payment in
advance of the ren t de termined as aforesaid, and survey fee where a survey is required by the Minis ter , enti t le the holder du r ing the currency of the au thor i ty to ca r ry on prospect ing opera t ions a n d / o r to occupy and use the area for the purpose specified
in the author i ty .
(7) Wi th in fourteen days af ter the discoveryof gold or other minerals , the holder of the au thor i ty
shall
shall r epor t the discovery to the warden of the dis tr ic t , who shall the reupon repor t to the Minis ter upon the discovery. The Minis ter may thereupon call upon the holder of the au thor i ty to app ly for a lease of the land or such p a r t thereof as the Minis t e r may deem advisable or to continue prospect ing opera t ions .
| 4 . | The Pr inc ipa l Act is fur ther | amended— |
(a) by omitting from subsection one of section nineteen the words " o r a block claim, or a residence a rea not exceeding one q u a r t e r of an acre outside the boundar ies of any town or
village " ; (b) by inserting next after subsection one of the same section the following subsect ions:— (1A) The reg is t ra t ion of any tenement regis tered af ter the thirty-first day of December, one thousand nine hundred and thir ty-four , shall expire on the thirty-first day of December next following the da te of regis t ra t ion , and, unless a renewal of reg i s t ra t ion is effected, the t i t le of the holder thereof to such tenement shall cease and determine.
(1B) The reg is t ra t ion of any tenement regis
te red p r io r to the first day of J a n u a r y , one
thousand nine hundred and thirty-five, whether
Act, 1935, shall expire on the thirty-first day of the commencement of the Mining (Amendment ) such reg is t ra t ion was effected before or after December, one thousand nine hundred and th i r ty- five, and, unless a renewal of reg is t ra t ion is effected, the t i t le of the bolder thereof to such tenement shall thereupon cease and determine.
( l c ) Any person who, on the thirty-first day of December in any year , holds any regis tered tenement and who continues in possession thereof shall be entitled, wi thout fee, to the renewal of the reg i s t ra t ion of such tenement for a fur ther per iod of twelve months .
Appl icat ion
Applicat ion for such renewal of regis t ra t ion may be made within one month before the said day or dur ing the month of J a n u a r y after the day aforesaid, and shall be made in the manne r prescr ibed.
E v e r y renewal of reg i s t ra t ion shall take effect as from the first day of such month of J a n u a r y .
(c)
by inserting in subsection three of the same section af ter the word " reg is t ra t ion " wherever occurr ing the words " or renewal of regis t ra
t ion " ; (d)
by inserting in subsection four of the same section af ter the word " aforesaid " the words
" or to renew the reg is t ra t ion thereof " ; (e) (i) by inser t ing in subsection five of the same
section af ter the word " regis ter " the
words " or to renew reg is t ra t ion ' ' ; (ii) by omitting from the same subsection all words following the word " reg is t ra t ion " and by inser t ing in lieu thereof the following w o r d s : " o r renewal of reg is t ra t ion , the warden may g r a n t an extension of the per iod prescr ibed for a fur ther per iod not
exceeding twenty-eight d a y s . "
5. The Pr inc ipa l Act is fur ther amended—
(a) by omit t ing from the proviso to section twenty- by inser t ing in lieu thereof the words " the r igh ts specified in p a r a g r a p h (a) of this sec
eight the words " such r igh ts as aforesaid " and
tion " ; (b)
by inserting at the end of section thirty-seven the following new subsection:—
(2) W h e r e in the case of a gold-mining lease g r an t ed under this P a r t of this Act, which is subsis t ing a t the commencement of the Mining (Amendment ) Act, 1935, the labour conditions requ i re the employment of more than one man
for
for each ten acres and p a r t of ten acres com prised in the lease, such conditions shall be suffi ciently complied with if one man is employed for each ten acres and p a r t of ten acres com prised in the lease.
(c)
by omitting from subsection three of section thir ty-eight the word " prescr ibe " and by inser t ing in lieu thereof the word " approve " ;
(d) (i) by inser t ing in section 39A after the word
" under " the words " this Act or " ;
(ii) by omitting from the same section the word
" prescr ibe " and by inser t ing in lieu thereof the word ' ' approve ' ' ;
(e) by inser t ing next af ter section 39A the following
new sect ion:— 39B. (1) A lease of Crown lands g ran ted under any Act hereby repealed, the t e r m of which has been renewed pu r suan t to section 39A of this Act, may be renewed for a fu r ther t e rm not exceeding twenty yea r s subject to such ren ts , royal t ies and other covenants and conditions as the Governor may approve .
(2) Special covenants and conditions may be imposed in respect of any renewal the applicat ion for which is made ear l ier than five yea r s before the expirat ion of the lease.
(3) Notwi ths tanding any other provis ion of this Act, applicat ion for renewal may be made a t any t ime af ter the commencement of the Mining (Amendment) Act, 1935. (f) by inserting next after subsection two of section forty-six the following new subsection:— (2A) The Governor, by notification, on the recommendation of the Minister , may exempt from the provis ions of this P a r t any p r iva te land the Crown g r a n t of which contains, or if
not
not yet issued will when issued contain, a reser vat ion to the Crown of any mineral , and may in like manner revoke or amend any such noti fication.
(g) (i) by inser t ing in section forty-seven af ter the words " extend to " the words " the surface of any land " ;
(ii) by omit t ing from p a r a g r a p h s (a) and (b) of the same section the words " on the sur
face " ;
(iii) by omit t ing from p a r a g r a p h (c) of the same section the words ' ' any land ' ' ;
(iv) by inserting at the end of the same section the following new subsection :—
(2) Except wi th the consent of the owner no opera t ions under any such au thor i ty shall be conducted below the surface of any land re fe r red to in subsection one of th is section, and no lease shall be g r an t ed below the surface of any such land, except a t such depths and upon such conditions as the Minis ter may, af ter full inquiry, deem to be sufficient to prevent damage to the surface.
6. The Pr inc ipa l Act is fur ther amended—
(a)
by inserting next after section forty-nine the fol lowing shor t heading and sect ion:—
License to prospect prior to grant of authority
to enter.
49A. (1) Any holder of a m i n e r ' s right may
make applicat ion to the w a r d e n ' s clerk of a min ing division for a license to prospect on any p r iva te lands within such mining division in respect of which an au thor i ty to enter may
be g ran ted under this P a r t . Such applicat ion shall bo in the prescr ibed
form and accompanied by a deposi t of tenshillings, which deposi t m a y be appl ied wholly
or
or in p a r t towards payment of compensation for occupation and for surface damage to be assessed by the warden.
(2) The warden or w a r d e n ' s clerk may,
if satisfied as to the charac ter and the bona fides of the applicant , g r a n t to the appl icant a license in the form prescr ibed.
(3) Such license shall dur ing the per iod specified in the license, which shall not exceed six months , enti t le the licensee—
(a) to enter on any private lands in the mining division in respect of which an au thor i ty to enter may be granted , and m a r k out in the manner prescr ibed for the mark ing out of a lease under th is Act an a r ea not exceeding the prescr ibed a r e a ; (b) to do all such acts and things as may be necessary for prospect ing for gold or for minera ls other t han coal, shale, minera l oils, petroleum, or n a t u r a l gas in the a rea so marked out for a per iod not exceeding t h i r t y days from the da te of mark ing ou t ; (c) upon obtaining the permission of the war den, to erect a t e m p o r a r y residence upon the a r ea so marked out in such posi t ion as
the warden may consider p r o p e r ;
but shall no t entit le the licensee to remove any gold, mineral , or ea r th from such a r ea except
value thereof. for the purposes of tes t ing or de termining the such samples and quant i t ies as m a y be necessary (4) (a) The prescr ibed a rea to be marked out in pursuance of p a r a g r a p h (a) of subsection three of this section shall not exceed where the prospect ing is for opal the a rea of one-half of an acre, where the prospect ing is for gold the a rea of twenty-five acres, or where the prospec t ing is for minera ls other t han opal, coal, shale, minera l oils, petroleum, or na tu r a l gas the a rea of eighty acres.
(b)
(b) E v e r y such a rea shall, where practicable, be marked out in the form of a para l le logram, the length of which shall not exceed three t imes the width.
(c) No licensee shall be entit led to mark out or prospect an a rea under this section until he has abandoned in the prescr ibed manner any a r ea previously marked out by him.
(d) The licensee shall main ta in his boundary marks and possession notice, and shall efficiently prospect the a rea dur ing his occu pancy.
(5) Upon taking possession of an a rea by vi r tue of such license the licensee shall for thwith notify the w a r d e n ' s clerk and furnish par t icu la rs in the form prescr ibed as to the da te of mark ing out, the dimensions of the a rea together with such descript ion as will lead to the r eady identi fication of the area , the class of deposi t to be prospected for, and the name of the owner or occupier of the land.
(6) (a) Upon receipt of such notifica tion the w a r d e n ' s clerk shall issue the prescr ibed notices to the persons appea r ing to be in teres ted in the land, of the proposed assessment by the warden of compensation for occupation and for
surface damage . (b) The licensee shall p a y into the
w a r d e n ' s court within the t ime ordered by the
warden such sum, if any, as will with the deposit of ten shillings lodged with the appl icat ion for license make u p the amount assessed.
(7) (a) If the licensee discontinues
prospect ing opera t ions , e i ther within the per iod prescr ibed in p a r a g r a p h (b) of subsection three of this section, or a t the expi ra t ion of such period, he shall serve notice of abandonment in the form prescr ibed upon the occupier of the land and the w a r d e n ' s clerk, and affix a copy thereof on the da tum post and where the warden
so
so directs fill in all shafts and excavations and otherwise r epa i r as fa r as pract icable any surface damage.
The licensee may thereupon mark out a fur ther a rea upon pay ing into the w a r d e n ' s cour t such amount as will with any surp lus to his credit after assessment and payment into cour t of compensation in respect of the area previously held under his license make up the sum of ten shillings.
If the licensee fails to comply with any such direction of the warden he shall be liable to a penal ty not exceeding ten pounds or to imprison ment for a per iod not exceeding fourteen days or to .both.
(b) The licensee may apply dur ing the t e r m of his occupation under the license for an au thor i ty to enter, and having paid into court the amounts assessed as compensation, may con t inue in occupation of the a rea marked out and ca r ry on prospect ing operat ions pending the resul t of the inquiry prescr ibed by section fifty- one of this Act.
If au thor i ty to enter be g ran ted by the warden the license shall merge into such au thor i ty to enter and be extinguished, and any compensation assessed in respect of such license shall be taken into considerat ion by the warden when making assessment in respect of the au thor i ty to enter .
(8) I n the event of any dispute as to
whether any a rea marked out is available for occupation under license or a s to p r io r i ty of possession by v i r tue of any license o r upon any complaint as to non-compliance wi th the con dit ions thereof or a t taching thereto , the m a t t e r shall be determined by the warden, whose decision shall be final.
(9) The owner or occupier of the land marked out by v i r tue of any license may object to the occupation of the a rea by the licensee on the grounds tha t the a rea is exempt from
occupation
occupation under a license to prospect or tha t the prospec t ing opera t ions will in ter fere unduly with his use and enjoyment of the land.
Notice of such objection shall be served upon the licensee, and a copy thereof lodged for thwith with the warden who shall hold an inquiry into such objection as soon as pract icable .
On receipt of such notice of objection the licensee shall for thwi th cease prospect ing opera t ions pending the hea r ing by the warden, who m a y order tha t opera t ions under the license be discontinued or tha t opera t ions be resumed upon such conditions as he may think necessary to impose for a period not exceeding the balance of the t e rm the licensee would have been enti t led to have occupied the land if prospect ing opera t ions had not been suspended under this subsec tion.
If such objection is considered by the warden to be frivolous or vexat ious, he may allow costs aga ins t the owner or occupier.
(10) The warden may cancel any license if the licensee fails to observe any of the con ditions thereof or a t taching thereto , or fails to pay within the t ime allowed the compensation assessed for occupation and for surface damage, and may cancel any license which has been
improper ly obtained.
(b)
by omitting section 50A and the short heading preceding tha t section;
(c) (i) by inser t ing in section fifty-six af ter the word
" en ter " the words " o r a license to
prospect " ; (ii) by inserting in the same section after the word " au thor i ty " where secondly occur r ing the words ' ' or license ' ' ;
(iii) by omitting from the same section the words " there in defined " and by inser t ing in lieu thereof the words "defined in such au thor i ty or occupied unde r such l i cense . "
The Pr inc ipa l Act is fur ther amended—
(a) by omitting subsection four of section fifty- seven and by inser t ing in lieu thereof the following new subsect ion:— (4) The appl icant shall serve upon the owner o r occupier of the land notice in the prescr ibed form of the application.
(b) by inserting at the end of section fifty-nine the following new subsection:— (2) W h e r e in the case of a lease to mine for gold gran ted under this P a r t of this Act, which is subsis t ing at the commencement of the Mining (Amendment ) Act, 1935, the labour conditions requi re the employment of more than one man for each ten acres and p a r t of ten acres com pr ised in the lease, such conditions shall be suffi ciently complied wi th if one m a n is employed for each ten acres and p a r t of ten acres comprised in the lease.
(c) by inserting in subsection three of section sixty af ter the word " payable " the words " annual ly in advance and reserved " ; (d) by inserting after subsection two of section sixty- two the following new subsection:— (3) A lease g r an t ed unde r this P a r t of this
Act, or a lease of p r iva te lands g ran ted under
any Act repealed by th is Act, the t e r m of whichhas been renewed, m a y be renewed for a fur ther
t e r m not exceeding twenty years , subject to such
rents , royal t ies , and other covenants and con
dit ions as the Governor may approve .
The Pr inc ipa l Act is fu r the r amended by omit t ing from section sixty-three all words preceding the proviso and by inser t ing in lieu of such words the following words :—
8.
" The a rea which may be included in any one mining lease under this P a r t shall not exceed—
(a) lease to mine for opal—one-half ac r e ;
(b) lease to mine for gold—twentv-five ac re s ;
(c)
(c) lease to mine for coal, shale, mineral oils,
pet roleum, or n a t u r a l gas—six hundred and
for ty a c r e s ; (d)
lease to mine for any other mineral—eighty a c r e s . "
9. (1) The Pr inc ipa l Act is fur ther amended by omit t ing section sixty-nine and by inser t ing in lieu thereof the following section:—
69. (1) The owner of any p r iva te land not applied for or occupied under this P a r t may, with the con currence of the Minister , enter into a lease or agree ment in wr i t ing with any holder of a m i n e r ' s r ight giving such holder power to enter such land and take possession thereof and mine thereon for gold or any minera l reserved to the Crown.
The owner of any p r iva te land applied for as a lease or occupied under license to prospect or au thor i ty to enter under this P a r t m a y with the like concurrence enter into a like lease or agreement with the applicant , licensee, or holder of the au thor i ty .
(2) The a rea comprised in any such lease or agreement shall be marked out in the prescr ibed manne r and in accordance with the prescr ibed dimensions.
The a rea and the t e rm of such lease or agreement shall not exceed the extent and te rm, and shall be subject to the payment of the royal ty to the Crown (after deduction of any sum paid by way of ren t )
and performance of the labour conditions prescr ibed in respect of a lease unde r this P a r t to mine for the same class of deposit , but the sum so deducted by way of r en t shall not exceed twenty shillings pe r acre
in respect of the por t ion of the surface occupied.
(3) The prescr ibed fee for reg i s t ra t ion and
for survey of the land shall be pa id within twenty- eight days af ter notice in t ha t behalf given by post af ter the Minis te r has concurred in the lease or agreement , and in default of such payment the land shall be open to en t ry or occupation unde r th is P a r t .
(4) Such lease or agreement may be t rans ferred with the concurrence of the Minister .
(5)
(5) Subject to this section no such lease or
agreement, and no such t rans fe r shall have any forceor val idi ty unless and unt i l it is regis tered in the
prescr ibed manner . (6) No t r ibute agreement in respect of any land included in any such lease or agreement shall have any force or validity unless and unt i l it is regis tered in the prescr ibed manner .
(7) F r o m the da te of the receipt by the Minis ter of such lease or agreement , or a draf t thereof submitted for his concurrence, the land shall be exempt from ent ry or occupation under this P a r t by any person other than a p a r t y to such lease or agreement unti l such concurrence is refused, or if the concurrence is granted , unt i l the expira t ion of the twenty-eight days refer red to in subsection three of this section, as the case may be.
(2) W h e r e p r io r to the commencement of this Act an agreement or lease has been entered into in pursuance of section sixty-nine of the Mining Act, 1906, or any amendment thereof, and has been duly submit ted for the concurrence of the Minister , the land comprised therein shall du r ing the continuance of the agreement or lease be enti t led to the protect ion afforded by subsection six of t ha t section, and where the agreement or lease has been duly regis tered in accordance wi th tha t section royal ty shall continue to be payable and labour conditions to be per formed as provided in subsection two of t ha t section.
| 10. (1) The Pr inc ipa l Act is fur ther amended by omit t ing section seventy and by inser t ing in lieu thereof |
the following sect ion:—
70. (1) Subject to this section any holder of a m i n e r ' s r igh t m a y m a r k out in the prescr ibed manne r an a r ea of p r iva te land in respect of which he has entered into a lease or agreement with the owner of any minera l there in contained for the purpose of mining for any minera l not reserved to the Crown notwi ths tanding tha t any gold or minera l reserved to the Crown is associated or combined with the minera l to be mined for.
The
The a rea comprised in such lease or agreement shall be marked out in the prescr ibed manner and in accordance wi th the prescr ibed dimensions.
The extent and t e r m of such lease or agreement shall not exceed the extent and t e r m and shall be subject to the per formance of the labour conditions prescr ibed in this P a r t for a lease of the same class
of deposit . (2) Wi th in twenty-one days of such mark ing out such holder shall lodge wi th the Reg i s t r a r , D e p a r t m e n t of Mines, Sydney, the lease or agree ment , or a d ra f t thereof, containing a sketch and descr ipt ion of the subject land for the concurrence of the Minister .
Subject to p r io r r igh ts , the a rea comprised in such lease or agreement shall, f rom the da te of such mark ing out, bo exempt from en t ry or occupation under this P a r t by any person other t h a n a p a r t y to such lease or agreement unt i l such concurrence is refused, or, if the concurrence is g ran ted , unt i l the expira t ion of the twenty-eight days refer red to in subsection four of this section, as the case may be.
(3) The Minis ter m a y concur in such lease or
agreement , subject to any s t ipulat ions which hemay think necessary in the public in te res t to impose.
(4) The prescr ibed fees for reg is t ra t ion and
for survey of the land shall be paid, and notice of acceptance of the s t ipulat ions imposed by the Minis
ter , if any, shall be given within twenty-eight days af te r notice in t h a t behalf given by post after the Minis ter has concurred in the lease or agreement , and in default of payment a n d / o r acceptance the land shall be open to en t ry or occupation unde r th is P a r t .
(5) Such lease or agreement m a y be t r ans fe r red with the concurrence of the Minister .
(6) Subject to this section no such lease or
agreement and no such t r ans fe r shall have any force
or val idi ty unless and until reg is te red in the pre
scribed manner .
(7)
(7) No t r ibute agreement in respect of any land included in such lease or agreement shall have any force or val idi ty unless and unt i l it is regis tered in the prescr ibed manner .
(8) A p a r t y to the lease or agreement to mine shall before mining any ore containing any gold or minera l reserved to the Crown obtain a pe rmi t to mine such gold or mineral .
The Minis ter may, upon appl icat ion in the pre scribed form, g ran t upon such t e rms as he m a y think fit a pe rmi t au thor i s ing such p a r t y to mine in, under , or upon the land comprised in such lease or agree ment for gold or any minera l reserved to the Crown and to remove and dispose of such gold or mineral ,
and m a y v a r y or revoke such permi t . W h e r e i t is found tha t the value of the gold or minera l reserved to the Crown exceeds fifty per centum of the value of the ore, the p a r t y mining the ore under the lease or agreement shall—
(a) apply for and obtain a lease under this Part to mine for gold or any m i n e r a l ; or (b) enter into a lease or agreement to mine there for in accordance with section sixty-nine of this Act, and where the ore is gold the a r ea of any such lease or agreement g ran ted or entered in to in pursuance of p a r a g r a p h s (a) or (b) of th is subsection may include the a rea comprised in the lease or agreement entered into in pursuance of subsection one of this
a rea prescr ibed for a lease to mine for gold by sec section notwi ths tanding tha t such a r ea exceeds the tion sixty-three of this Act.
Appl icat ion for such lease shall be made in the manne r
prescribed.
A royal ty of one pe r centum on the value of all gold or minera l reserved to the Crown, obtained from the land comprised in such lease or agreement , shall be payable to the Crown by the person obtain ing the same at the t imes and in the manner prescribed.
(9)
(9) If the person mining under any such lease or agreement a t any t ime dur ing the t e r m
thereof—
(a) fails to fulfil or contravenes the conditions
there in or the t e rms of his p e r m i t ; or (b) uses the land for a purpose other than that specified in the lease or agreement , the pe rmi t and the reg i s t ra t ion of such lease or agreement may be cancelled by the Minister , and the cancellation shall take effect on a date notified in the Gazette.
(10) No au thor i ty to enter and no lease shall be g ran ted in respect of any land being mined by the owner thereof, or any land held under any lease or agreement regis tered p r io r to the commencement of the Mining (Amendment ) Act, 1935, or af ter such commencement in, under , or upon which bona fide min ing opera t ions are being car r ied on a t the t ime
when the appl icat ion is m a d e : P rov ided tha t in the event of any dispute ar is ing as to whether bona fide mining opera t ions a re being carr ied on as aforesaid, or as to the a rea protected by th is subsection, the question shall be determined by the Minis ter af ter inquiry and repor t by the warden.
(2) W h e r e p r io r to the commencement of this Act an agreement has been entered into in pursuance of section seventy of the Mining Act, 1906, and has been duly reg is te red in accordance with tha t section, the land comprised there in shall dur ing the continuance of the
agreement be enti t led to the protect ion afforded by subsection two of t ha t section, and roya l ty shall continue to be payable in accordance with subsection three of
tha t section. 1 1 . The Pr inc ipa l Act is fur ther amended by inser t ing
after subsection two of section 70E the following new
subsection:—(3) Upon complaint being made to the Minis ter tha t operat ions have been abandoned or tha t bona fide min ing opera t ions are not being car r ied on in respect to the freehold and leasehold lands comprised
within
within the colliery holding, the Minister , af ter inqui ry and repor t by the warden, may direct tha t the protect ion afforded by the p lan lodged under this section shall cease to extend to such freehold and leasehold lands or such p a r t thereof as he may specify. The Min is te r ' s de terminat ion shall take effect from the date notified in the Gazette.
The Pr inc ipa l Act is fur ther amended by omit t ing
section seventy-one and the shor t heading preceding tha t
section.
| 1 3 . | The Pr inc ipa l Act is fur ther | amended— |
(a) by omitting from subsection three of section eighty-six the w o r d s " the prescr ibed condi tions " and by inser t ing in lieu thereof the words " such rents , royal t ies , and other conditions as the Governor may approve " ; (b) by inserting at the end of the same section the following new subsect ion:— (4) A dredging lease g ran ted unde r this Act or unde r any Act hereby repealed, the t e r m of which has been renewed, m a y be renewed for a fur ther t e rm not exceeding twenty years , subject to such ren ts , royal t ies , and other covenants and conditions as the Governor may approve .
(c)
(i)
by omitting from subsection one of section ninety-nine the words " w h e r e the appl icant has given notice of acceptance as afore
said " ;
(ii) by omitting from the same subsection the
w o r d s " on the said t e r m s . "
The Pr inc ipa l Act is fur ther amended by omit t ing
section one hundred and nine and by inserting: in lieu
thereof the following section:—
14.
109. (1) E v e r y lease u n d e r this Act and every lease or agreement under sections sixty-nine and seventy thereof shall be lodged for reg i s t ra t ion w i t h i n the t i m e prescr ibed with the Reg i s t r a r , Depa r tmen t of Mines, Sydney, by the lessee or the person entit led to mine thereunder .
E v e r y
E v e r y t r ans fe r or ass ignment thereof or of any in teres t there in (except in the case of an ass ignment by opera t ion of l aw) , and every sublease of or t r ibu te or option cont rac t affecting the land com pr i sed in such lease or agreement or any por t ion thereof shall be submit ted within the t ime and in the manne r prescr ibed for the concurrence or sanction
of the Minis ter a n d / o r reg is t ra t ion .
The Minis ter m a y g r a n t such concurrence
sanction, subject to any s t ipula t ions which he may
th ink necessary in the public in te res t to impose.or E v e r y ins t rument , which by this subsection
requi red to be regis tered, shall be lodged by such
person as is prescr ibed.is (2) A n y person claiming in teres t in any lease under this Act or any Act hereby repealed, or under any lease or agreement under sections sixty-nine or seventy of this Act may, p r io r to the reg is t ra t ion of a n y ins t rumen t requi red by subsection one of this section to be regis tered, lodge wi th the Minis ter a caveat in the prescr ibed form, and accompanied by
the prescr ibed fee aga ins t such regis t ra t ion . On receipt of such caveat the Minis ter shall s tay reg i s t ra t ion for fourteen days , unless the caveat is sooner wi thdrawn, but may then regis ter the in s t rument , unless the person lodging the caveat has obtained and served upon him an order of some com
pe ten t cour t forbidding such regis t ra t ion . (3) A n y pe r son who acquires an in teres t in
any lease or agreement as aforesaid, and who fails
to comply with the provis ions of subsection one of this section, shall bo guil ty of an offence aga ins t this not exceeding fifty pounds , and to a penal ty not exceeding five pounds for each and every day such
fai lure continues. Act and shall be liable upon conviction to a penal ty
15. The Pr inc ipa l Act is fur ther amended—
(a) by inserting in subsection one of section one
hundred and eleven af te r the words " p u r p o s e
of" the words " l a y i n g or constructing: a line of
p ipes or of" ; (b)
(b) (i) by inser t ing in subsection one of section one
hundred and sixteen after the word " q u a n
t i t y " the words " a n d v a l u e " ; (ii) by inserting at the end of the same subsec tion the following new subsection:—
(1A) Any person who when so required by the Minister fails to furnish such fur ther par t i cu la rs or to produce for inspection such books, accounts, documents, wr i t ings , pape r s , or ins t ruments , or who obstructs or h inders any person author ised to make in quir ies under this, section, shall be liable to a penal ty not exceeding fifty pounds.
(c) by inserting in subsection one of section one hundred and eighteen af ter the words " adjoin ing minera l leases " the words " or of two or
more special l e a s e s . " 16. The Pr inc ipa l Act is fur ther amended—
(a) by omitting subsections two, three, and four of section one hundred and twenty and by inser t ing in lieu thereof the following subsect ion:— (2) The mining surveyor au thor ised as afore said m a y enter and inspect and survey the land and mines described in such author i ty . Such surveyor may make such p lans and sections of the land entered, and of any drives or other
works there in as a re necessary for the purposes aforesaid. Any person who obstructs or hinders such mining surveyor act ing as aforesaid shall be liable to a penal ty not exceeding fifty pounds .
(b)
by omitting from section one hundred and twenty-one the words " or geological surveyor or other author ised p e r s o n " and by inser t ing in lieu thereof the word " surveyor " ;
(c)
(c)
by inserting next after section one hundred and twenty-one the following new short heading and sect ions:—
Geological surveys.
121A. (1) Any geological surveyor or other person author ised in wr i t ing in t ha t behalf by the Minis ter may enter any mine or works for the purpose of inspect ing the same, and remov ing any sample of ore or deposit .
The Minister may g r a n t any such au thor i ty of his own motion or upon the applicat ion and a t the cost of any person who proves to the sat isfaction of the Minis ter tha t he has a sub stant ial in teres t in the company or pa r tne r sh ip which has been formed for the purpose of prospect ing or of ca r ry ing on mining opera t ions or which is ca r ry ing on mining operat ions in or upon the mine or works.
Before g ran t ing an au thor i ty upon the appli cation of any such person the Minis ter may requi re that a deposit be made of such sum as he may fix to provide for the cost of the inspec tion or survey, and the sum so deposited may be applied accordingly.
Any person who obstructs or h inders such geological surveyor, or author ised person act ing as aforesaid, shall be liable to a penal ty not exceeding fifty pounds .
(2) The geological surveyor author ised
as aforesaid, or other author ised person, may
enter and inspect and survey the land, mines,
and works described in such author i ty . Such surveyor or person may make such p lans and sections of the land entered, and of any dr ives or other works therein, as are necessary for the purposes aforesaid.
(3) A geological surveyor or other person author ised under this section shall not, without the consent in wr i t ing of the occupier or lessee of the mine or works to be entered,
divulge divulge or cause to be divulged to any person, other than the Minister , any informat ion which may be obtained consequent upon such ent ry .
Any person who contravenes any provision of this subsection shall be liable to a penal ty not exceeding fifty pounds.
(4) Upon receipt of the r epor t of any geological surveyor or other person to whom an au thor i ty under subsection one of this sec tion has been granted , the Minis ter—
(a) shall, where the authority was granted upon the applicat ion of any person, com municate the contents of the repor t to
such pe r son ; and (b) may (whether the authority was granted of his own motion or upon any such applicat ion) at his discret ion communi cate the contents of the r e p o r t to any person or publish the same in such man ner as to him seems fit. 121B. Any geological surveyor may enter any pr iva te lands in t h e performance of h i s duties , and may remove any sample of ore or deposit .
17. The Pr inc ipa l Act is fur ther amended—
(a) by inserting next after subsection one of section
124A the following new subsection:— (1A) Where notice by complaint of non-com pliance with the labour conditions by the lessee of any lease has been given by any person to the Minis ter under subsection one of this sec tion, and the Minis ter has directed the warden to hea r such complaint, the Minis ter may dis allow any complaint and any applicat ion lodged therewith of which notice has been given by any other person a t any t ime af ter such first- mentioned notice, of non-compliance with the labour conditions by the same lessee in respect
of the same lease. W h e r e W h e r e any complaint is disallowed under this subsection no fu r ther act ion unde r this section shall be taken on such complaint or on any appl icat ion lodged therewith .
(b)
by omit t ing p a r a g r a p h (iii) and s u b p a r a g r a p h (c) of subsection five of the same section and by inser t ing in lieu thereof the following sub
p a r a g r a p h :—
(c)
that, where the lessee has entered an appearance , costs be allowed to such lessee, but not exceeding the amount deposi ted by the complainant .
(c) by omitting from subsection seven of the same section the words " the de te rmina t ion " and by inser t ing in lieu thereof the word " considera
t ion " ; (d) by inserting before the word " disallow " in p a r a g r a p h (c) of the same subsection the words " withhold his decision for such per iod as he m a y determine or " ; (e) by omitting subsections eight and nine of the same section and by inser t ing in lieu thereof the
following subsect ions:— (8) Upon the cancellation of any lease upon complaint as aforesaid, the complainant shall, where the Minis ter has so recommended, be enti t led to a lease of the subject land or such p a r t thereof as he m a y specify in his applica
tion, and the Governor may g r a n t such lease in
the same m a n n e r as if possession of the landhad been taken and appl icat ion made in accord ance with the provis ions of th is Act re la t ing to the g r a n t of a lease of the same class as the cancelled lease.
The notification of the approva l of the Governor to the g r a n t of such lease shall be published a t the same t ime as the notification of cancellation of the cancelled lease, and there upon the complainant shall be enti t led upon making all the prescr ibed paymen t s to the same
rights
r igh t s as a re conferred by the provis ions of this Act upon an appl icant for a lease of the same class as the cancelled lease.
(9) Where under the provis ions of this Act i t is required tha t the ren t a n d / o r compensation payable in respect of the lease to be g ran ted shal l be assessed or determined, it will be a com pliance therewith if the amount of ren t a n d / o r the compensat ion as assessed or de termined in respec t of the cancelled lease be pa id by the compla inant in the prescr ibed manner .
(10) I n the g ran t of the new lease the pro visions of section forty-seven of this Act shall not app ly in respect to any buildings or improve ments which were erected or effected on the subject land dur ing the currency of the cancelled lease.
18. The Pr inc ipa l Act is fur ther amended by omit t ing
f rom section one hundred and twenty-seven the words " lease or applicat ion for a lease " and by inser t ing in lieu thereof the words " tenure or applicat ion t h e r e f o r . "
19. The Pr inc ipa l Act is fur ther amended—
( a ) (i) by omit t ing from p a r a g r a p h (a) of sub section one of section one hundred and th i r ty- three the word " license " and by inser t ing in lieu thereof the words
" business license, license to prospect " ; ( i i) by inser t ing a t the end of p a r a g r a p h (p) of the same subsection the words " or which may ar ise between miners and the owners or occupiers of p r iva te lands " ;
( b ) (i) by inser t ing in subsections one and two of section one hundred and fifty-five af ter the word " r i g h t " wherever occurr ing the word " l i c e n s e " ;
(ii) by inserting in subsection four of the same
section af ter the 1 word " l e a s e " where first
occurr ing the word " l i c e n s e . "
G 20.
20. The P r inc ipa l Act is fur ther amended—
(a) (i) by inser t ing in p a r a g r a p h (ii) of section one hundred and eighty-four af ter the words " m i n e r ' s r igh t " the words " license
to prospec t
(ii) by inser t ing in p a r a g r a p h (xviii) of the same section af ter the word " notices " the
word " licenses " ;(iii) by inser t ing in the same p a r a g r a p h af te r the word " used " the words " the method of the service of notices ' ' ;
( iv) by inser t ing in p a r a g r a p h (xxxv) of the same section af ter the word " general ly " the words " for prescr ibing, any m a t t e r or th ing which by this Act is directed or author ised to be prescr ibed or which is necessary or convenient to be prescr ibed
(b) by omitting from section one hundred and eighty-five the figures " 1901 " and by inser t ing in lieu thereof the figures and words " 1912, or any Act amending or replacing tha t Act " ; (c) (i) by inser t ing in section one hundred and eighty-six af ter the word " shall " the words—
(a) be published in the Gazet te ;
(b) take effect from the date or such publicat ion or from a l a te r da te specified in the regula t ions or genera l
r u l e s ; and (c)
(ii) by inser t ing in the same section a l t e r the word " fourteen " wherever occurr ing the
word " s i t t ing " ; (iii) by omitting from the same section the words " then s i t t ing " and by inser t ing in lieu thereof the words " then in session " ;
(iv)
(iv) by inserting at the end of the same section
the following w o r d s : —
" If ei ther House of P a r l i a m e n t passes a resolut ion of which notice has been given a t any t ime within fifteen s i t t ing days af te r the regula t ions or genera l rules have b e e n laid before such House disallowing any regulat ion, general rule or p a r t thereof, such regulat ion, general ru le or p a r t shall thereupon cease to have effect ."
2 1 . (1) The Pr inc ipa l Act is fur ther amended—
(a) (i) by inser t ing in section one in the m a t t e r appea r ing under P a r t I V af ter the figures " 68-70 " the figures, le t ters and words " 4A.-—Mining on private land held with
out reservation of minerals—ss. 70A-70E " ; (ii) by omitting from the same section the
figures " 39 " and " 6 7 , " and by inser t ing
in lieu thereof the figures " 39B " and " 67A " respect ively;
(iii) by inserting in the same section after the
figures " 40 " the figures and le t te r " 40A " ;
(b)
by omitting subsections (3A) and four of section s ix teen;
(c)
by omitting sections one hundred and twenty- two and 122A.
(2) The Mining (Amendment) Act, 1907, is
| amended— |
(a) by omit t ing p a r a g r a p h (c) of section t h r e e ;
(b) by omit t ing p a r a g r a p h s (g) and (h) of the same section. (3) The Mining (Amendment) Act , 1918, i s
amended—
(a) by omit t ing so much of section t h r ee—
(i) as inserts new subsection four in lieu of subsection four of section thirty-five of the Mining Act, 1906;
(ii)
(ii) as inserts new section 50A and short heading thereto in the Mining Act, 1906;
(iii) as amends section sixty-three of the Mining Act, 1906;
(iv) as inserts new section 67A in the Mining Act, 1906;
(v) as inserts new subsection four in section one hundred and twenty of the Mining Act, 1906;
(vi) as inserts new section 122A in the Mining Act, 1906;
(vii) as omits certain words from section on»
hundred and seventy-eight of the Mining Act, 1906;
(b)
by omitting so much of section four as inserts new section 70c in the Mining Act, 1906.
(4) The Mining (Amendment) Act, 1919, is
repealed.
(5) The Mining (Amendment) Act, 1924, is
amended by omitting section six.
0
0
0