Mining (Fossicking) Act Amendment Act 1990 (Qld)

694 MINING (FOSSICKING) ACT AMENDMENT ACT No. 33 of 1990 ANALY SIS OF C O NTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 2. Arrangement of Act 5. Amendment of s. 4. Interpretation 6. Amendment of s. 5. Declaration of designated area 7. Amendment of s. 6. Mining operations in designated area 8. Amendment of s. 7. Use of machinery in designated area 9. Amendment of s. 9. Prohibited machinery etc. in designated area 10. Amendment of s. 10. Forfeiture etc., of machinery etc. 11. Amendment of s. 11. Effect of declaration of designated area upon authorities to prospect and mining leases 12. Amendment of s. 12. Entitlements of holder of miner's right in designated area 13. Amendment of s. 14. Restriction of mining operations in fossicking area 14. Amendment of s. 15. Activities of holder of miner's right in fossicking area 15. Amendment of s. 16. Two types of licence 16. Amendment of s. 18. Application for licence 17. Amendment of s. 19. Issue of licence 18. Amendment of s. 20. Refusal to grant a licence 19. Amendment of $. 23. Cancellation of licence 20. Amendment of s. 24. Fossicking in designated area 21. Amendment of s. 25. Gemstones and gold vest in holder of fossicker's licence 22. Amendment of s. 26. Obligation to make land safe 23. Amendment of s. 27. Permanent residences restricted in designated area 24. Amendment of s. 28. Camping in designated areas 25. Amendment of s. 29. Liability to pay royalties 26. Amendment of s. 30. Conduct of persons in designated area 27. Amendment of heading 28. Amendment of s. 31. Power to demand production of licence 29. Amendment of s. 32. Power to enter places 30. Amendment of s. 33. Seizing and detention of suspected property 31. Amendment of s. 34. Acting in aid of warden 32. Amendment of s. 35. Warden may prevent breach of Act 33. Amendment of s. 36. Warden may direct removal of guns etc. from designated area 34. Amendment of s. 37. Offences generally and penalty 35. Amendment of s. 39. Proceedings for offences 36. Amendment of s. 40. Giving of notices of penalties for certain offences 37. Amendment of s. 41. Offences regarding warden and others 38. Amendment of s. 42. Disposal of abandoned property 39. Amendment of s. 44. Protection against liability 40. Amendment of s. 45. Evidentiary provisions 41. Amendment of s. 46. Regulations 42. New ss. 48 and 49 Miners commons Restriction on alienation etc. of land in designated areas 43. Amendment of references to Mining Act 1968-1983 44. Directions etc. of warden to be directions etc. of mining registrar

695 ANNO TRICESIMO NONO ELIZA ETAE SEC N AE REGINAE No. 33 of 1990 An Act to amend the Mining (Fossicking) Act 1985 in certain particulars and for another purpose [ASSENTED TO 15TH JUNE, 1990]

696 Mining ( Fossicking) Act Amendment Act 1990, No. 33 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Mining (Fossicking) Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on the day the Mineral Resources Act 1989 commences. 3. Citation . (1) In this Act, the Mining (Fossicking) Act 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Mining (Fossicking) Act 1985-1990. 4. Amendment of s. 2. Arrangement of Act. Section 2 of the Principal Act is amended by omitting the expression "PART VI-POWERS OF WARDEN (ss. 31-36);" and substituting the expression "PART VI- POWERS OF MINING REGISTRARS, FIELD OFFICERS AND OTHERS (ss. 31-36)". 5. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended in subsection (1) by- (a) omitting the definitions "authority to prospect", "Crown land", "miner's right", "mining purpose", "occupied Crown land" and "unoccupied Crown land"; (b) inserting before the definition "designated area" the following definition:- "authorized person" means a person authorized by the Minister for the purposes of Part 10 of the Mineral Resources Act1989;"; (c) inserting after the definition "designated area" the following definitions:- " "exploration permit" means an exploration permit under the Mineral Resources Act 1989; "explore" has the same meaning that it has in the MineralResources Act 1989; "field officer" means a field officer for the purposes of Part 10 of the Mineral Resources Act 1989;"; (d) omitting the definition "member of the family" and substituting the following definitions:- "Local Authority", in relation to any land, means a Local Authority or a Joint Local Authority constituted under the

Mining (Fossicking) Act Amendment Act 1990, No. 33 697 Local Government Act 1936-1988 for the Area in which the land is situated and includes- (a) a person who at the material time is deemed to be a Local Authority pursuant to that Act; and (b) Brisbane City Council constituted under the City ofBrisbane Act 1924-1987; "member of the family" in relation to family fossicker's licence, means any of the following:- (a) the natural person in whose name the licence is issued; (b) the spouse of the person referred to in provision (a); (c) a natural person who is living with the person referred to in provision (a) as the spouse of that person; (d) anatural person under the age of 18 years who for the time being resides with the person referred to in provision (a) as a member of that person's household; (e) a natural person under the age of 18 years who for the time being is in the lawful custody of a person referred to in provision (a); "mine" has the same meaning that it has in the Mineral ResourcesAct 1989;"; (e) inserting after the definition "mining lease" the following definition:- " "mining registrar" means a mining registrar within the meaning of the Mineral Resources Act 1989;"; (f) omitting the definition "Minister" and substituting the following definitions:- "Minister" includes a Minister of the Crown for the time being acting for or on behalf of the Minister; "occupied land" has the same meaning that it has in the MineralResources Act 1989; "owner" has the same meaning that it has in the MineralResources Act 1989; "prospect" has the same meaning that it has in the MineralResources Act 1989; "prospecting permit" means a prospecting permit under the Mineral Resources Act 1989;". 6. Amendment of s. 5 . Declaration of designated area. Section 5 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words "Crown land and reserve"; 23

698 Mining ( Fossicking ) Act Amendment Act 1990, No. 33 (ii) omitting subparagraphs (a) and (b) and substituting the following subparagraph:- "(a) that is occupied land, not being land occupied pursuant to any Act relating to mining or to the Miners' Homestead Leases Act 1913-1986, where the owner of that land has not given consent in writing to the inclusion of that land in the designated area;" (iii) renumbering subparagraphs (c), (d) and (e) as subparagraphs (b), (c) and (d) respectively; (b) in subsection (3)- (i) omitting the word "Crown"; (ii) omitting the word "holder" and substituting the word "owner". 7. Amendment of s. 6 . Mining operations in designated area. Section 6 of the Principal Act is amended by omitting the words "search for or collect any mineral or carry on any operation for mining purposes" and substituting the words "prospect, explore or mine". 8. Amendment of s. 7. Use of machinery in designated area. Section 7 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (a) the words "mining purposes" and substituting the words "prospecting, exploring or mining"; (ii) omitting from paragraph (b) the words "or operations for mining purposes" and substituting the words ", exploring or mining"; (b) in subsection (2) omitting the words "searches for or collects any mineral or carries on any operation for mining purposes" and substituting the words "prospects, explores or mines". 9. Amendment of s. 9 . Prohibited machinery etc. in designated area. Section 9 of the Principal Act is amended by- (a) omitting the word "warden" and substituting the words "mining registrar"; (b) omitting the expression "$10 000", the expression "$20 000" and the expression "$50 000" and substituting the words "200 penalty units", the words "400 penalty units" and the words "1000 penalty units" respectively. 10. Amendment of s. 10 . Forfeiture etc., of machinery etc. Section 10 of the Principal Act is amended by- (a) omitting from subsection (1) the words "the warden" and the words "a warden" and substituting the words "a mining registrar, field officer or other authorized person" in each case; (b) omitting from subsection (4) the word "warden" and substituting the words "mining registrar";

Mining ( Fossicking ) Act Amendment Act 1990, No. 33 699 (c) in subsection (5)- (i) omitting the words "and any person acting under the authority of the warden" and substituting the words ", mining registrar, field officer or other authorized person"; (ii) omitting from subparagraph (a) the words "the Crown, a warden or any person acting under the authority of a warden" and substituting the word "them"; (iii) omitting from subparagraph (b) the words "warden or any other" and substituting the words "mining registrar, field officer or other authorized". 11. Amendment of s. 11. Effect of declaration of designated area upon authorities to prospect and mining leases. Section 11 of the Principal Act is amended by- (a) omitting from the note to the section the words "authorities to prospect " and substituting the words " exploration permits"; (b) in subsection (3)- (i) omitting from subparagraph (a) the words "authority to prospect" and substituting the words "exploration permit"; (ii) omitting from subparagraph (b) the words "authority to prospect" and substituting the words "exploration permit". 12. Amendment of s. 12. Entitlements of holder of miner's right in designated area. Section 12 of the Principal Act is amended by- (a) omitting from the note to the section the words " miner's right" and substituting the words "prospecting permit"; (b) omitting the words "a miner's right" and substituting the words "a prospecting permit issued in respect of land within the designated area". 13. Amendment of s. 14. Restriction of mining operations in fossicking area. Section 14 of the Principal Act is amended by- (a) omitting from the note to the section the words " of mining operations " and substituting the words " on prospecting , exploring or mining"; (b) in subsection (1)- (i) omitting the words "search for or collect any mineral or carry on any operation for mining purposes" and substituting the words "prospect, explore or mine"; (ii) omitting subparagraph (b) and substituting the following subparagraph:- "(b) a prospecting permit."; (c) omitting from subsection (2) the words "Mining Act 1968-1983"

700 Mining (Fossicking) Act Amendment Act 1990, No. 33 and the word "registration" and substituting the words "Mineral Resources Act 1989" and the words "the grant" respectively. 14. Amendment of s. 15. Activities of holder of miner ' s right in fossicking area. Section 15 of the Principal Act is amended by- (a) omitting from the note to the section the words " miner's right" and substituting the words " prospecting permit"; (b) omitting the words "Mining Act 1968-1983" and substituting the words "Mineral Resources Act 1989"; (c) omitting the words "miner's right" where they twice occur and substituting the words "prospecting permit" in each case. 15. Amendment of s. 16 . Two types of licence . Section 16 of the Principal Act is amended by inserting in subparagraph (b) after the words "family of a" the word "natural". 16. Amendment of s. 18 . Application for licence . Section 18 of the Principal Act is amended in subparagraph (b) by omitting the word "warden" and substituting the words "mining registrar". 17. Amendment of s. 19 . Issue of licence . Section 19 of the Principal Act is amended by omitting from subsection (1) the word "warden" and substituting the words "mining registrar". 18. Amendment of s. 20 . Refusal to grant a licence. Section 20 of the Principal Act is amended by- (a) omitting from subsection (1) the word "warden" and the words "Mining Act 1968-1983" and substituting the words "mining registrar" and the words "Mineral Resources Act 1989" respectively; (b) omitting from subsection (2) the word "warden" and substituting the words "mining registrar". 19. Amendment of s. 23. Cancellation of licence . Section 23 of the Principal Act is amended by- (a) omitting from subsection (1) the word "warden" and the words "Mining Act 1968-1983" and substituting the words "mining registrar" and the words "Mineral Resources Act 1989" respectively; (b) omitting from subsection (2) the word "warden" and substituting the words "mining registrar". 20. Amendment of s. 24. Fossicking in designated area. Section 24 of the Principal Act is amended in subsection (1) in subparagraph (a) by- (a) omitting the words "for registration" twice occurring; (b) omitting the words "Mining Act 1968-1983 by the holder of a miner's right" and substituting the words "Mineral Resources Act 1989 by the holder of a prospecting permit".

Mining (Fossicking ) Act Amendment Act 1990, No. 33 701 21. Amendment of s. 25 . Gemstones and gold vest in holder of fossicker ' s licence. Section 25 of the Principal Act is amended by omitting the words "section 110 of the Mining Act 1968-1983" and substituting the words "section 1.9 of the Mineral Resources Act 1989". 22. Amendment of s. 26 . O bligation to make land safe. Section 26 of the Principal Act is amended by omitting from subsection (2) the word "warden" where it twice occurs and substituting the words "mining registrar, field officer, authorized person" in each case. 23. Amendment of s. 27. Permanent residences restricted in designated area. Section 29 of the Principal Act is amended by- (a) omitting the word "warden" and substituting the words "mining registrar"; (b) omitting the words "upon any unoccupied Crown land in a designated area." and substituting the words "in a designated area upon land that- (a) is not occupied land; or (b) is the subject of a mining claim or a mining lease or an application for either.". 24. Amendment of s. 28. Camping in designated areas. Section 28 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the first paragraph the word "warden" and the words "on any unoccupied Crown land within the designated Area to which the licence applies other" and substituting the words "mining registrar, field officer or other authorized person" and the words "within the designated area to which the licence applies upon land that- (a) is not occupied land; or (b) is the subject of a mining claim or a mining lease or an application for either, other" respectively; (ii) omitting from the second paragraph the words "unoccupied Crown land within a designated area." and substituting the words "land within a designated area that- (a) is not occupied land; or (b) is the subject of a mining claim or a mining lease or an application for either."; (b) omitting from subsection (5) the word "warden" where it twice occurs and substituting the words "mining registrar, field officer or other authorized person" in each case;

702 Mining (Fossicking) Act Amendment Act 1990, No. 33 (c) omitting from subsection (6) the word "warden" and substituting the words " mining registrar , field officer or other authorized person"; (d) in subsection (7)- (i) omitting from the first paragraph the word "warden" where it twice appears and substituting the words "mining registrar, field officer or other authorized person" in each case; (ii) in the second paragraph- (A) omitting the words "of the warden"; (B) omitting the words "warden may" and substituting the words " mining registrar , field officer or other authorized person may". 25. Amendment of s. 29. Liability to pay royalties . Section 29 of the Principal Act is amended by- (a) omitting the words "Mining Act 1968-1983" and substituting the words "Mineral Resources Act 1989"; (b) omitting the words "as if he were the holder of a mining tenement". 26. Amendment of s. 30. Conduct of persons in designated area. Section 30 of the Principal Act is amended in subsection (2) by- (a) in the first paragraph- (i) omitting the words "If a warden" and substituting the words "A mining registrar, field officer or other authorized person who"; (ii) omitting the words "the warden may" and substituting the word "may"; (iii) omitting from subparagraph (b) the words "by the warden" and substituting the words "in the direction"; (b) in the second paragraph- (i) omitting the words "If the warden" and substituting the words "A mining registrar, field officer or other authorized person who"; (ii) omitting the words "the warden may" and substituting the word "may". 27. Amendment of heading . The Principal Act is amended by omitting from the heading occurring before section 31 the word "WARDEN" and substituting the words "MINING REGISTRARS, FIELD OFFICERS AND OTHERS". 28. Amendment of s. 31. Power to demand production of licence. Section 31 of the Principal Act is amended by- (a) omitting from subsection (1) the word "warden" and the words "operation for mining purposes" and substituting the words "mining

Mining ( Fossicking ) Act Amendment Act 1990 , No. 33 703 registrar, field officer or other authorized person" and the words "prospecting, exploring or mining" respectively; (b) omitting from subsection (2) the words "by a warden,". 29. Amendment of s. 32 . Power to enter places . Section 32 of the Principal Act is amended by- (a) omitting from subsection (1) the word "warden" and substituting the words "mining registrar, field officer or other authorized person"; (b) omitting from subsection (2) the word "warden" and substituting the words "mining registrar, field officer or other authorized person"; (c) in subsection (3)- (i) omitting from the first paragraph the words "who is not a warden"; (ii) omitting from the second paragraph the words "other than a warden"; (iii) omitting the last paragraph and substituting the following paragraph:- "A justice who is the Director-General, or other officer, of the Department of the Government for the time being administering this Act is not competent to issue a warrant to which this subsection applies.". 30. Amendment of s. 33 . Seizing and detention of suspected property. Section 33 of the Principal Act is amended by- (a) omitting from subsection (1) the words "A warden" and the words "the custody of the warden" and substituting the words "A mining registrar, field officer or other authorized person" and the words "his custody" respectively; (b) omitting from subsection (2) the words "Mining Act 1968-1983" and the expression "98A" and substituting the words "Mineral Resources Act 1989" and the expression "10.8" respectively; (c) omitting from subsection (3) the word "warden" and the expression "$10 000" and substituting the words "mining registrar, field officer or other authorized person" and the words "200 penalty units" respectively. 31. Amendment of s. 34 . Acting in aid of warden. Section 34 of the Principal Act is amended by- (a) omitting from the note to the section the word " warden" and substituting the words " mining registrar , field officer, etc"; (b) omitting from the first paragraph the word "warden" where it occurs 3 times and substituting the words "mining registrar, field officer or other authorized person" in each case;

704 Mining (Fossicking) Act Amendment Act 1990, No. 33 (c) omitting the second paragraph and substituting the following paragraph:- "All members of the Police Force of Queensland shall, when required by a mining registrar, field officer or other authorized person, act in their aid in the discharge by them of their duties and in the exercise by them of their powers under this Act.". 32. Amendment of s. 35 . Warden may prevent breach of Act. Section 35 of the Principal Act is amended by- (a) omitting from the note to the section the word "Warden" and substituting the words " Mining registrar , field officer, etc."; (b) omitting the word "warden" and substituting the words "mining registrar, field officer or other authorized person". 33. Amendment of s. 36 . Warden may direct removal of guns etc. from designated area. Section 36 of the Principal Act is amended by- (a) omitting from the note to the section the word "Warden" and substituting the words " Mining registrar, field officer , etc."; (b) omitting from subsection (1) the word "warden" and substituting the words "mining registrar, field officer or other authorized person"; (c) omitting from subsection (2) the word "warden" and substituting the words "mining registrar, field officer or other authorized person". 34. Amendment of s. 37. Offences generally and penalty . Section 37 of the Principal Act is amended by omitting from subsection (2) the expression "$5 000" and substituting the words "100 penalty units". 35. Amendment of s. 39 . Proceedings for offences . Section 39 of the Principal Act is amended by- (a) omitting from subsection (2) the word "warden" and substituting the words "mining registrar or field officer"; (b) omitting subsections (4) and (5). 36. Amendment of s. 40 . Giving of notices of penalties for certain offences. Section 40 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "Where an authorized person" and substituting the words "A mining registrar, field officer or other authorized person who"; (ii) omitting the words "the authorized person"; (b) in subsection (2) inserting in subparagraph (d) after the words ", Department of Mines," the words "(or the chief executive for the time being of the Department of the Government for the time being administering this Act)";

Mining ( Fossicking) Act Amendment Act 1990 , No. 33 705 (c) omitting from subsection (4) the word "an" and the expression "$200" and substituting the words "a mining registrar, field officer or other" and the words "4 penalty units" respectively; (d) in subsection (5)- (i) omitting the words "by an authorized person"; (ii) omitting the expression "$200" and substituting the words "4 penalty units"; (e) omitting from subsection (6) the word "An" and substituting the words "A mining registrar, field officer or other"; (f) omitting subsection (8). 37. Amendment of s. 41 . Offences regarding warden and others. Section 41 of the Principal Act is amended by- (a) omitting from the note to the section the word "warden" and substituting the words " mining registrar , field officer , authorized person"; (b) omitting subparagraph (a) and substituting the following subparagraph:- "(a) assault , resist or wilfully obstruct a mining registrar, field officer or other authorized person or a person assisting any of them in executing their duties or exercising their powers for the purposes of this Act;"; (c) omitting from subparagraphs (b) and (c) the word "warden" wherever it occurs and substituting the words "mining registrar, field officer or other authorized person" in each case. 38. Amendment of s. 42 . Disposal of abandoned property . Section 42 of the Principal Act is amended by- (a) omitting the word "warden" wherever it occurs and substituting the words "mining registrar" in each case; (b) in subsection (2) (c)- (i) renumbering subparagraph (iii) as subparagraph (iv) and omitting therefrom the word "thirdly" and substituting the word "fourthly"; (ii) inserting after subparagraph (ii) the following subparagraph:- "(iii) thirdly, in payment of costs of rehabilitation of or rectification of any damage to the land on which the abandoned property was situated;". 39. Amendment of s. 44 . Protection against liability. Section 44 of the Principal Act is amended by inserting after the word "warden" where it twice occurs the words ", mining registrar, field officer or other authorized person" in each case.

706 Mining ( Fossicking ) Act Amendment Act 1990, No. 33 40. Amendment of s. 45 . Evidentiary provisions . Section 45 of the Principal Act is amended by- (a) omitting.from subparagraph (a) the words "unoccupied Crown" and substituting the words "being not occupied"; (b) omitting from subparagraph (c) the words "miner's right" and substituting the words "prospecting permit"; (c) inserting in subparagraph (d) after the words "the warden" the words ", a mining registrar, field officer or other authorized person"; (d) omitting from subparagraph (e) the word "warden" and substituting the words "mining registrar"; (e) inserting in subparagraph (f) after the word "warden" the words ", mining registrar, field officer or other authorized person". 41. Amendment of s. 46 . Regulations . Section 46 of the Principal Act is amended by omitting from subsection (1) (d) the words "upon unoccupied Crown land". 42. New ss. 48 and 49. The Principal Act is amended by inserting after section 47 the following sections:- "48. Miners commons. (1) Upon the recommendation of the Minister, the Governor in Council may by Order in Council declare such land, that is not occupied land, within one or more than one designated area as is specified in the Order in Council to be a miners common. (2) (a) The Minister may by notification in the Gazette appoint a Local Authority or other body corporate as manager of a miners common. The appointment shall be upon such terms and conditions as are specified in the notification. (b) An appointment under paragraph (a) is only to be made if the Local Authority or body corporate concerned consents. (3) (a) Within 28 days (or such longer period as the Minister approves) after appointment as manager of a miners common the Local Authority or, as the case may be, body corporate is to submit to the Minister proposed rules for the management of the miners common, including rules to govern the disposition of livestock on the common and prescribing fees payable for agistment of stock on the common and for other purposes for the management of the common. Rules may restrict or prohibit stock or types of stock upon the miners common. Rules may regulate, restrict or prohibit the use of the miners common by specified persons or persons of a specified class or specified classes. (b) Upon approval of rules by the Minister and their publication in the Gazette the rules become effective.

Mining ( Fossicking ) Act Amendment Act 1990 , No. 33 707 (c) A person who contravenes or fails to comply with a provision of a rule commits an offence against this Act. (4) (a) All fees payable under the rules shall be payable to the manager and must be used for the maintenance and management of the miners common. (b) Fees payable under the rules and unpaid may be recovered by the manager of the miners common in any court of competent jurisdiction as a debt due and owing to the manager. (5) If the Minister is of the opinion that a miners common is not being managed in an appropriate manner, the Minister may by notification in the Gazette revoke the appointment of the manager of the common and- (a) by the same or another notification, appoint another Local Authority or body corporate as manager of the miners common; or (b) recommend to the Governor in Council that the miners common be abolished. The provisions of this section apply to a manager appointed under paragraph (a) as if the manager were appointed under subsection (2). Rules - made, pursuant to subsection (3) continue to apply until new or amended rules are made in respect of the miners .common. (6) Upon the recommendation of the Minister, the Governor in Council may by Order in Council abolish a miners common. (7) The Crown is not civilly liable for any loss or injury caused or suffered by any person, animal or thing upon a miners common or in respect of the management of a miners common. 49.` Restrietionn on alienation etc. of land in designated areas. Notwithstanding the provisions of the Land Act 1962-1989, Crown land within the meaning of that Act comprised in a designated area, including such Crown land within a miners common, must not be alienated or leased or occupied under that Act without the prior approval of the Minister.". 43. Amendment of references to MiningAct 1968- 1983 . The Principal Act is amended by omitting from the provisions indicated in the following table the words "Mining Act 1963-1983" and substituting the words "Mineral Resources Act 1989" in each case.

708 Mining (Fossicking) Act Amendment Act 1990, No. 33 TABLE Enactment to be amended Where the words "MiningAct 1968- 1983" occur Section 3. Application of Act Section 4. Interpretation Section 11. Effect of declaration of designated area upon authorities to prospect and mining leases Section 12. Entitlements of holder of miner's right in designated area The section Subsection (1) in definitions of "mineral", "mining claim", "mining district", " mining lease ", "reserve", "warden" and "Wardens Court" Subsection (1), Subsection (2), Subsection (3) (a) The section 44. Directions etc. of warden to be directions etc. of mining registrar. For the purposes of the Principal Act as amended by this Act any direction, notice, order or licence given or issued by a warden before the commencement of this Act has full force and effect after that commencement as a direction, notice, order or licence given or issued by a mining registrar under the Principal Act.