Mining for Coal and Mineral Oil Act of 1912 (3 Geo v No. 6) (Qld)

MINING. 5675 . 3 GEO. V. No. 6, 1912. Mining for Coal and Mineral Oil Act. 4. In subsection one of section thirty-four of the Amendment Principal Act, the words "certificated engine-driver" are of s. 34. repealed, and the words "licensed winding engine-driver" are inserted. In subsections two and three of the said section, the word" engine-driver" is repealed wherever it occurs, and the words "winding' engine-driver" are respectively in- serted in lieu thereof. 5, After section forty-six of the Principal Act, the following section is inserted : - [46A, ] Before working any coal under Ol~ near any Mininf under road , permanent water , or natural watercourse ,. the owner , rwoaatdesrcaonudrses agent, or manager of the colliery shall give due notice to . the inspector of his intention to work such coal, and the inspector, if he considers that such working is likely to result in damage or danger to such road or to the workings of the same or any other colliery from subsidence whether vertical or lateral, influx of water, or other cause, may, by notice in writing addressed to such owner, agent, or manager, prohibit the working of such coal or limit the working thereof to such extent as he considers necessary. If sueh owner, agent, or manager objects to comply with such notice, he may, within fourteen days after the receipt thereof, make an objection in writing to the Minister; and the Minister, after considering the objec- tion, may confirm the notice, or cancel the same, or modify the same to such extent as he thinks proper. The decision of the Minister shall be final and cunclusive. An Act to Amend" The Mining Act of 1898" with . 3 Geo. V. . respect to Prospecting and Mining for Coal TH: ~ I~ ING an d M I ' nera I 0' 1 1 . FOR Co. ~ L AND MINERAL OIL ACT OF 1912. [ASSENTED TO 17TH OCTOBER, 1912.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Couneil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Mining for Coal Short title an • d Mineral Oil .Act of 1U12," and sha • ll be read as one a co n n d s t rue t' IOn• . wIth" TheJJlining Act of 1~98"* and Its several amend- ments. "The Mining .Act of 189~ " * is herein referred to as the Principal Act. * 62 Vie. No. 24, "'pra, page 2178.

5676 MINING. Mining for Goal and Mineral Oil Act. 3 GEO. V. No. 6, Commence- 2. This Act shall commence and t.ake effect on and ment of Act. from t.he first day of May, one thousand nine hundred and thirteen. . Repeal of ~ : [ : cYr~ l °lct. 3. (1.) Part VI. of the Principal Act is repealed. All lands and mining tenements which at the com- mencement of this Act are applied for, leased, occupied, used, or enjoyed under t.he said Part shall, as far as prac- ticable, until the existing title thereto is determined, be dealt with under this Act and subject thereto under the provisions. of the said Part, which shall for that purpose be decmed to continue in force notwithstanding the repeal thereof. Consequential (2.) In section one of the Principal Act, the words amendments. " Part VI.-Special Provisions relating to Goal Mining" are repealed. In section thirty-three of the said Act, the words "hereinafter provided with respect to coal mines," where t.hey twice occur, are repealed; and the words" provided by , The Mining for Goal and Mineral Oil Act of 1912' with respect to leases for coal and mineral oil" are inserted in lieu thereof. In section thirty-four of the said Act, before the words "shall contain" the words "save as provided by , The Mining for Goal and Mineral Oil Act of 1912' with respect to leases for coal and mineral oil" are inserted. In subsection two of section fort.y-two of the said Act, after the words "mineral leases" the words "other t.han leases for coal and mineral oil" are inserted. Coal. Mark the land. Mineral oil. Payable. 4. In this Act- " Coal" includes bituminous or carbonaceous shale, . stratified iron, and fireclay; "Mark the land"·-1Vfark the land applied for by firmly fixing in the ground a substantial post set in L trenches at one angle or corner of t.he land, and firmly fixing t.hereon, or in proximit.y t.hereto, a not.ice in the prescribed form; " Mineral oil" includes petroleum and other mineral oils; "Payable," as applied to coal or t.o a seam of coal, means coal of such quality and thickness that it can, under ordinary circumstances, be worked with profit; as applied t.o mineral oil, means mineral oil of such quantity and quality that it can, under ordinary circumstances, be worked with profit;

MINING. 5677 1912. Mining for Coal and Mineral Oil Act. "Pendency of an application" for a license or Pen~ en~ y of lease begins with the lodging of the appli- applIcatIOn. cation for the land by the applicant. and con- tinues until the application is granted or refused or withdrawn. 5. (1.) Any person who desires to prospect Crown Licenses to land for coal or mineral oil may make application in the seal'ch. prescribed form to the nearest warden for a license to occupy any Crown land de8cribed in the application, and not being of greater area than two thousand five hundred and sixty acres, for the purpose of searching thereon for coal or mineral oil, as the case may be. The applicant shall pay to the warden, when he lodges the application, a sum equal to one penny for every acre of the land applied for. (2.) Upon receipt of the application, the warden shaH forthwith make a report thereon to the Minister. (3.) Upon receipt of the report, the Minister may either refuse the application, or require it to be amended, or may accept it. (4.) Upon the acceptance of the application, or upon its being amended to the satisfaction of the Minister and accepted in its amended form, the Minister may grant to the applicant a license to occupy the land for a period of twelve months from the date of the license, and to dig and search therein for coal or mineral oil, as the case may be. (5.) A·license may be renewed by the Minister for a further period of twelve, months upon payment of a sum equal to one penny for every acre of the land held unclei' the license; provided that application for renewal shall be made before the expiration of the current license or within thirty days thereafter. 6. Every such person (herein referred to as a Cancellation "licensee") shall within ninety days, or such fnrther time of license. as the Minister may alloVi', after the grant of his. license commence to search for coal or mineral oil, as the case may be, upon the land held under license, and if he makes default in this respect his license shall be liable to be cancelled. The Minister, if at any time during the currency of a license or renewed license complaint is made to him or he has cause to believe that a licensee has not made or is not making reasonable endeavours to seareh for coal or mineral

5678 MINING. Mining for Coal and Mineral Oil Act. 3 GEO. V. No. 6, oil, as the case may be, upon the land, may order the warden to call upon the licensee to show cause why his license should not be cancelled. The warden shall thereupon. give at least fourteen days' notice to the licensee or his agent to appE'ar before him to show cause why the license should not be cancelled, and, having heard the case in open court, shall forward the evidence to the .Minister, who, if satisfied that it is just to do so, may cancel the license. At any time during the currency of the license or renewed license the Minister may, by notice, require the licensee to apply for the land held under license or a part thereof as a lease; and if, within fourteen days after receiving such notice, the licensee does not so apply for !mch land or a part thereof as a lease, the Minister may can0el the license. Leases. 7. (1.) Subject to this Act, mineral leases under the Principal Act may be granted of land for mining for coal and minerai oil respectively. (2.) Every application for such lease shall be made in the prescribed form, and shall be accompanied by the pre- scribed survey fee when required and the first year's rent. A lease may be granted, notwithstanding that the applicant has not complied in every respect with this Act, if its provisions have been substantially complied with. If the application of any person i" refused, he shall be informed of the reasons for such refu::;al. . Area. (3.) The area comprised in a'lease for mining for coal shall not exceed six hundred and forty acres, and in a lease for mining for oil shall not exceed thirty acres. Term. e 1,.) '.rhe term shall not exceed twenty-one years. Rent. (5.) The yearly rent shall be payable in advance, and shall be at the rate of six pence per acre. Amalgama,' (6.) Two or more leases, the property of the same tionof leases. lessee, and the aggregate area of which does not exceed in the case of coal twelve hundred and eighty acres, and in the case of mineral oil sixty acres, may, in the discretion of the Minister, be amalgamated. The amalgamation of such leases shall extend only to the covenant for labour or expenditure of money, and the labour to be employed or the money to be expended on the aggregate area shall, unless exemption or partial

MINING. '5679 1912. Mining for Coal and Mineral Oil Act. exemption is granted, be not less than the sum of the labour or expenditure, as the case may be, prescribed in respect of each separate lease. 8. Every applicant for a license or lease shall, within Provisions two days or such further time as the warden may allow as t~ . a f + ~ - er 'h' IS a.pp l l ' cah . on I las been 1 0 dged, mar 1 ( the I and afoprphliccaetnlOsenss or applied for: leases. Provided that the applil'ant may mark the land before lodging his application. rl'he application shall be accompanied by a description and plan of the land sufficient to identify it. The shape of the land applied for shall, as nearly as .circumstances permit, he that of a rectangular parallelo- . gram, of which the length shall not exceed twice the width. But when, owing to the position of adjoining boundaries or natural features, rectangular areas are not available, intervening or irregularly shaped pieces of land may he applied for. Applications shall take priority according to time of lodging. But if two or more applications for the same land or comprising in part the same land are duly. lodged .at the same time, the warden shall decide by lot which of those applications shall be deemed to have been first lodged: Provided always the application of a licensee • for • a P re- f eren t lease in respect of any portion of the land cornprIsed III r.ight of his license shall have priority ov~r the application of any i~ : :~ ~ ee to other person for the same land, If the licensee proves to the satisfaction of the Minister that the conditions of his license have been fulfilled so far as the time which has ,elapsed has permitted. 9. The entry upon, occupation of, or interference with Land applied anv bnd during the pendency of an application for a license for!lrotectfld or "Iease tl1ereo f by· any pe. rson wh 0 1laS no t , p ' rIor to such p aO ~ r 'a s l o l n ls s t . other application, been in the lawful occupation of such land, shall, unless such entry, occupation, or interference is authorised by the Governor in Council or the Minister or .' by this Act, be deemed a trespass. The applicant for the license or lease may proceed in the warden's court for such trespass, and for damages in respect thereof, and for the recovery of any coal or mineral oil taken by the trespasser from the land or the value thereof; but any coal or mineral oil, or the value thereof, so recovered shall be held by the warden pending the

5680 MINING. Mining for Coal and Mineral Oil Act. 3 GEO. V. No. 6, application for the license or lease, and if the license or lease is refused may be claimed by the Minister on behalf of His Majesty: Provided that no applicant shall succeed under such procedure who fails to prove to the satisfaction of the court that he has complied with the provisions of this Act, so far as sueh provisions at the time of such entry, occupation, or interference were capable of being complied with. Occupation on 10. When an application for a license or lease has :~ ~ ~ : ~ ~ o~ ~ been approved, notice of such approval shall be given to the applicant, and upon the receipt thereof he shall be at liberty to enter upon and occupy the land for the purpose for which the license or lease is to be granted; and from the date of such notice he shall be deemed to hold the land as the licensee or lessee thereof, under and subject to the conditions applicable to such license or lease: Provided that any application for a lease approved before the land comprised in the application has been surveyed shall be deemed to be approved subject to the land being found to be available after the survey has been made. Conditions of 11. Every such license or lease shall be deemed to lliecaesnes.e or have been granted subject to the following conditions:- (1.) The surface of the land and all water and water- courses shall be reserved, and the licensee or lessee, subject to any regulations, shall not be deemed to be in possession of such surface except ofan area not exceeding one hundred acres in the aggregate, which is required for purposes con- nected with the mining operations upon the land, or for the construction of any tramway to be used in connection with such mining operations: Provided that every such area shaH be enclosed by a substantial fence, and shall be kept free from prickly-pear and other noxious weeds and plants. The licensee or lessee may nevertheless take or divert water from any natural spring, la~ e, pool, or watercourse situated on or flowing throu~ h the land, and may use such water for any purpose necessary or incidental to the bona. fide occupation of the land under the license or lease by himself or persons employed by him. (2.) All timber growing upon the land shall be re- served. The licensee or lessee mav nevertheless cut and use any such timher required by him for constructing any

MINING. -56S1 1912. Mining for Coal and Mine;ral Oil Act. t~ amway as aforesaid, or for pit wood, or for buildings or firewood or other necessary purposes. (3.) The licensee or lessee shall be entitled to depasture upon the land any stock used by him in connection with the mining operations upon the land, or kept for his own use or the use of persons employed by him in and about .such mining operations. (4.) Notwithstanding the license or lease, or the pen- dencyof any application therefor, the land may he mined upon for gold or minerals other than coal or mineral oil, and may be dealt with under the Principal Act fAlating to mining for gold or such other minerals. . But any person mining for gold or such other minerals shall not interfere with the workings of the licensee or lessee in actual use, or with any tramway, building, machinery, or plant used in connection with such workings, and shall not be entitled to acquire any mining tenement u.pon the land except at such distance from such workings or from any such tramway, building, machinery, or plant as may be determined by tpe warden's court,and its decision with respect to all matters arising under this provision shall be final and without appeal. . (5.) Notwithstanding the 'license or lease; any person, who is the holder of a miner's right, and is employed by the licensee or lessee, shall be entitled to occupy on that. part of the surface of the land comprised in the }icense or lease which is not d,eemed to be in possession .of the licensee or lessee an area not exceeding one acre in extent as a residence area in accordance with the provisions of the Principal Act. 12. In addition to the yearly rent, there shall be Royalty. reserved in every such lease a royalty as follows ;- (a) In every lease for coal during the first five years of the term, at the rate of two pence for every ton of coal raised from the land if it is situated more than one hundred miles from a seaport or other place of delivery, and at the rate of three pence for. every ton of coal raised from the land if it is situated not more than one hundred miles from a seaport or other place of delivery; and during the remainder of the term in the first- mentioned case at the rate of four pence, and in the second case at the rate of six pence, for every ton of coal raised; Q

6682 Labour COTenant. MINING. Mining for Coal and Mineral Oil Act. 3' GEO. V. No. 6, (b) In every lease for mineral oil, at the rate of five pounds per centum of the gross value of all crude oil obtained during the term. 13. (1.) Every lease for coal or mineral oil shall, in addition to all other covenants and conditions applicable to mineral leases, contain a covenant and condition on the part of the lessee, his executors, administrators, and assigns, as follows :- (a) To work the land demised in the case of a lease for mining for coal by not less than one man for every forty acres or fraction of forty acres during the first two years of the term, and by not less than one man for every twenty acres during the remainder of the term; and in the· case of a lease for mining for mineral oil by not less than one man for every eight acres or fraction of eight acres during the term of the lease: Provided that upon the recommendation of the Mini~ ter the Governor in Council may, in lieu of the aforesaid covenant, authorise the grant of such lease containing the covenant following, that is to say,- (i.) With respect to mining for coal:- During each half-year of the first two years of the term, to expend in mining opera- tions upon the land or in work connected with and necessary for the effectual proving, development, and working of the mines in the land, such as the construction of any tramways, roads, races, or dams, or the pur- chase and erection of buildings, machinery, and plant, a sum of not less than one hundred pounds for every forty acres or fraction of forty acres; And during each half-year of the remainder of the term to expend as afore- said a sum at the rate of not less than one hundred pounds for every twenty acres or fraction of twenty acres. (ii.) With respect to mining for mineral oil:- Within six months after the commence- ment of the term to erect upon the land a boring plant and thereafter during each half- year of tp.e term to expend on the land a sum

MINING. 5683 1912. Mining for Coal and Mineral Oil Act. of not less than one hundred pounds for every fifteen acres or fraction of fifteen acres, or such sum to be specified in the lease as the Minister in his discretion may determine for each acre. (iii.) A.nd during the whole term of such lease for mining for coal or mineral oil, as the, case may be, not to remove any buildings or' machinery or other improvements erected, placed, or constructed upon the land by means of the expenditure aforesaid, except by the express permission of the Minister,. or except for the purpose of the necessary repair or renewal thereof. ' ~ b) A condition that for a first and second breach of the aforesaid covenant, or of any of the covenants contained in the lease, the lessee shall p.ay such penalty, not exceeding one hundred pounds, as the Minister may impose, and that, on non-payment of such penalty or on the commission: of any further breach of any of the said covenants, the lease may be forfeited. .Work done under a tribute agreement shall be a sufficient compliance with the labour covenant. Any work done by the lessee himself or by any tri.huters shall, to the amount of the value of such work and upon the lessee satisfying the Minister as to such value, be deemed to be equivalent to the expenditure of money. (2.) For the purpose of verifying the necessary Verification u£ expenditure of money, the lessee shall, before the thirty- expenditure first days of January and July in each year, furnish to of money. the Minister a statutory declaration showing the amount expended during the preceding six months in mining operations on the land or in work connected with and necessary for the effectual proving, development, and working of the mines in the land. . If he neglects or refuses to furnish such declaration, he shall, on'the complaint of an inspector or other officer of the Department of Mines, be liable to a penalty not exceeding ten pounds for the first offence, and not exceed- ing fifty pounds for any subsequent offence. If the lessee is a company, or if the lessee does not reside in Queensland, then the manager or agent for the

'5684 MINING. Mining for Coal and Mineral Oil Act. 3 GEO. V. No. 6, 1912. owner shall furnish such statutory declaration. Hut in case of a conviction of such manager or agent a warrant of distress shall be enforced against the assets of the lessee, and not against the individual assets of such manager or agent; and such manager or agent shall not be liable to imprisonment for the non-payment thereof. Exeml? t~ on by 14. Total or partial exemption from the covenants the Mmlster. contained in any such lease as' to the employment of labour or theexpenditure of money may be granted-by the Minister on such conditions as he may see fit to impose. Exemption as 15. If at any time the lessee satisfies the Minister of right. that his leasehold has not been worked at a profit during the last preceding period of six months, and that he has at any time expended more money in connection with the land than the amount prescribed to be expended under the covenant relating to the expenditure of money, he shall, for each amount of excess expenditure as is equal to twice the prescribed maximum half-yearly expenditure, be entitled t.o exemption for six months from the observ- ance of the said covenant: Provided that- (a) No, exemption under this section shall be granted in respect of expenditure incurred prior to the date of any expired period of exemption granted under this section; and (b) The aggregate of the periods, whether con- secutive or otherwise, during the term for which such exemption may be granted shall not exceed three years. 'Returns. 16. The owner or manager of every mine worked for coal or mineral oil, under whatever tenure such mine may be held, shall, not later than the fourth day of each month in each year, forward to the Minister a return in the prescribed form showing the amount of coal or mineral oil, as the case may be, obtained from such mine during the last preceding month, and the value thereof, and such other particulars as to the operations of the mine as may be prescrihed, and pay the amount, if any, due as royalty. If the amount of royalty due is not paid within four- teen days after sucb amount has been ascertained, any officer appointed for that purpose by the Minister may seize and take possession, on behalf of His Majesty, of any coal or mineral oil obtained from such mine, and the lease of such mine may be forfeited.

~ INING. 5685, 3 .GEO. V. No. 9, 1912. _ Drainage of Mines Act. , Any manager who neglects or refuses to furnish any return as hereinbefore required, or who wilfully makes a false return, shall be liable to a penalty not exceeding fifty ~ ounds. 17. The lessee or owner or manaO'er of a mine shall Inspection of keep proper books and accounts, f;om which may be books, &c. ascertained the expenditure of money in pursuance of' the covenant in his lease in that respect, and the amount of royalty, if any, payable in respect of the coal or mineral oil obtained from his mine, and also the correctness of, any return, and, when required to do so, shall produce ' such books and accounts to any officer appointed by the Minister to examine them.' . Any person who impedes or obstructs any such officer in the performance of his duty under this section shall be liable to a penalty not exceeding fifty pounds. 18. All the provisions of the Principal Act with Application respect to mineral leases shall apply to leases under this ; ! o; ~ ~ i~ : ; as Act, except in so far as those pro_visions are negatived or to mineral modified by this Act. leases. 19. The power vested in the Governor in Council Regulations. under the Principal Act to make Regulations shall extend to the making of all Regulations necessary for giving full effect to this Act. An Act to Make Better Provision for the Drainage 3 G N e o o . . 9 V . . of Mines. THE DRAINAGE 01' [ASS]l]NTED TO 24TH OCTOBER, 1912.J M O IN F E 1 S 91 A 2 C . T 'B' E it enacte~ by the Ki?-g's Most Excellent Majes~ y, _, by and WIth the ~ dvlCe and consent of the LegIS- lative Council and Legislative Assemblv of Queensland in Parliament assembled, and by the auth~ riLy of the same, ~ S follows : - _, _ 1. This Act may be cited as " The lJrainage of Mines Short title ,ActO! 1912," and shall be read as one with the Mining:::struetion .Acts. "The Mining Act of 1898"* is herein referred tqo£ Act. as the Principal Act. f rom 2 t . heThfiisrsAt cdt a - y shoafllMcaormcmh,eonncee tahnodustaankde mef.nfeecthuonndarnedd mCoemntmoefnAcec-t. and thirteen. iI< 62 Vie. No. 24, supra, page 217B.