Mining on Private Land Act of 1909 (9 Edw VII No. 15) (Qld)

MI~ ING. ~ 9 Enw. VII. No. 15,1909. Mininr; on Private Land. 9493 MINING. An Act to Regulate Mining on Private Land, and 9 E\l-w. VII. ~ ~ or 0 th er purposes. ~ TH ~ E MI1'!ING ON [ASSENTED TO 29TH DECEMBER, 1909.] PRIVATE B LAND ACT E it enacted by. the King's Most Excellent Majesty, 011 1909. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queenslana in Parliament assembled, and by the authority of the same, as follows :- 1. This Acf may be cited as " The JJlining on Private Short title Land Act of 1909," and shall be read as one with the a.ndeonstruc. Mining Acts. "The Mining Act of 1898"* is herein tlon. referred to as the Principal Act. 2. This Act shall commence and take effect on and Oomm~nce­ from the first day of March, one thousand nine hundred mentof Act. and ten. . 3. (1.) Sections fifty-eight to sixty-one, inclusive, and Repeal of rseixpteya- 1 teh d r.ee to seventy, inclusive, of the Principal Act are sP c e e rc r it t nl ~ Oc i in n psa o l ~ . Act. (2.) In section forty-six of the Principal Act, after Oonsequential the words "business area," where they fit'st occur, the amendments. words "or in any lease or special lease g-ranted under section one hundred and eighty-eight of ' l'he Land Act, 1897,'t as amended by section twenty-one of 'The Land Acts Amendment Act of 1905,'t or under any similar provision of any prior or other Orow~ Lands Act" are 11 inserted. In subsection three of the said section, after the word I "road," the words "and in the case of land comprised I within a lease or special lease as aforesaid" are inserted;: also after the word "reserve," where it subsequently I twice occurs, the words "or land" are inserted. I In section forty-eight of the Principal Act, after the I words "business area," the words "or land comprised in I a lease or special lease as aforesaid" are inserted. I 4. In this Act, unless the context otherwise indicates, ~ nterpre- the following terms have the meanings set against them ration. respectively, that is to say,- " Improved Land "-The site 01' curtilage of any ~mproved building, or any garden, lawn, yard, nursery land. for trees, orchard, vineyard, cultivated field I • 62 Vie. No. 24, supra, page 6609. t 61 Vie. No. 25, supra, pagp 6228. F t 5 Edw. ~ II. No. 28, supra, page 88\n.

9494 Mineral. l'Iiining Acts. Occupier. Owner. Private land. MINING. Mining on Private Land. 9 EDW. VII. No. 15, (not being mere pasture land), sports ground, recreation ground, rifle range, reservoir, natural or artificial storage or accumulation of water, spring, dam, bore, artesian well, ceme- tery, burial-place, or place of worship, or any land on which a railway, tramway, bridge,()r culvert is constructed, or any land used for stacking or storing or depositing mining material, or mining requisites, or, residues, mullock, slag, tailings, or mining debris; "l\lineral," as distinguished from gold-Antimony, bismuth, copper,iron, lead, manganese, mercury, molybdenum, platinum, silver, tin, titanium, and tungsten, and the ores and earths of these metals; also, opal, sapphires, corundum, zircons, and other precious stones; also, coal, limestone, graphite, mineral oil, and monazite; also, any other substance which the Governor in Council may from time to time by Proclamation declare to be a mineral under this Act; "Mining Acts"-" The Mining Aat of 1898"* and all .4 cts amending or in substitution for the saIpe, including this Act; "Occupier"-The person in actual occupation of any privat-e land; or, if there is no person in actual occupation, the person entitled to possession thereof; H Owner"-The owner or registered propr.ietor in fee-sirt;lple of any private land, or the person _ who for the time being is entitled to receive the rent of any private land, or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof: the term includes the person who is the licensee or lessee of land held under any Act relating to Crown land with thc right of acquiring the -fee-simple thereof: the term also includes every trust, corporation, or body having lawful control of the land in question; "Private Land "-Land which has been alienated from the Crown for an estate in fee-simple or which is lawfully contracted to be so alienated; also, land held"under any Act relating to Crown land of which an estate in fee-simple may be * 62 Vie. N D. 24, supra, page 6600.

1909. • MINING. Mining on Private Land. 9495 acquired hy the occupier or any other person immediately or at a future time with or without performance of any conditions; The term does not include a reserve; So far as relates to mining for silyer, the term doelS! not include land alienated in fee- simple in pursuance of section twenty-two of " The Crown Lands Alienation Act oj 1860,"* or section thirty-two of " The Grown Lands Aliena,tion /lct of 1868,"t or section twenty-one of " The Mineral Lands Act of 1872 "; : So far as relates to mining for copper, tin, opal, and antimony, the term does not include land situated within the limits ofa gold field or mineral field and alienated in fee-simple before the first day of March, one thousand eight hundred and ninety-nine, or land situ- ated elsewhere and so alienated before the commencement of this Act: So far as relates to mining for all other minerals, except coal on or below the surface of land subject to "The Agrioultural Lands Special Purchase Act of 1901,"§ and except gold, the term does not include land alienated in fee-simple before the commencelllent of this Act; "This Act "-This Act and all Proclamations and This Act. Regulations issued or made thereunder. 5. In every case where, for the purposes of the Mining N~ ture of Acts, it is necessary to decide whether any mine on any land rome. is or would be a gold mine or mine of other specified mineral, the qU(,'lstion shall be determined by the fact whether gold • or other specified mineral is or is not the most profitable metallic product of the ore obtained from the mine. 6. (1.) Subject to this Act- CL) Gold on or below the surface of all land in Gold is,the Queensland, whether alienated in fee-simple orb~ ~ ~ : ' Y of not so alienated from the Crown, and if so alienated whensoever alienated, is the property of the Crown; 11 24 Vic. No. 15, Pr., page 399. t 31 Vie. No. 46, H., page 548. :t: 36Vic. No. 15, Cr., page 730. § 1 Edw. VII. No. 23, supra, page 8t36.

9496 MINING. on Pril'ldeLand. 9 EDW. VII. No. 15, Silver when the property of the Crown. (ii.) Silver on 0 below the surface of all land in Queensland whether alienated in fee-simple or- not so alie ated from the Crown, and if so alienated w ensoever alienated, other than land alienated in: pursuance of section twenty-two of "The Crown Lands Alienation A at of 1860,"* or section thirty-two of "The Grown L(rnds Alienation Act of 1868,"t or section twenty-one of "The jJjineral Lands Act of 1872,"; is the property of the Crown; Oopper, &c., since let Ma.rch, 1899. (iii.) Copper, tin, opal, and antimony on or below the surface of all land which is Rituated within the limits of a gold field or mineral field, and has been alienated in fee-simple from the Crown or- lawfully contracted to be so alienated since the first day of March, one thousand eight hundred and ninetv-nine, and also on or below the surface of ali land wheresoever situated which is not alienate'd in fee-simple from the Crown at the commencement of this Act, are the property of the Crown; Ooalon certain lands. (iv.) Coal on or below the surface of land subject to "The A,qricul/ural Lands Speci(tl P'U'I:chasf! Act of] 901,"§ whether.alienated in fee-simple from the Crown at the conunencement of this ..Act or not, is the property of tLe Crown; Other minerals on lands not yet alienated. (v.) All other minerals on or belf)w the surface of all land which is not alienated in fee-simple from the Crown at the commencement of this Act are the property of the Crown. giRnreas C net r rs o v; w at n ions relati(n2g. ) toAlCl roCwronwlanndgriasnsutsedaanfdterletahseescoumnmdeerncaenmyenAt octf this Act shall contain a reservation of all gold and minerals on and below the surface of the land comprised therein~ . and also a reservation of the right of access for the purpose of searching for or working any mines of gold or minerals in any part of the land. Private lands 7. The Governor in Council may from time to time : ? m~~ ed by by Proclamation exempt from the' operation of the Mining prochmation. Acts, either wholly or for such period as he thinks fit~ private lands in any specified locality or any specified portions of private lands. * 24 Vie. No. 15, Pr., page 399. t 31 Vie. No. 40, H., page 548. :t 36 Vie. No. 15, Cr., page 730. § 1 Edw. VII. No. 23, supra, page 8136.

ML\,ING. 9497 1909. .1lIining on Private Land. 8. (L) 'fhe Governor in Council may from time to Land may b& time, under and suljrct. to "The PZlblic Works Land resumed. Jlesumpfion Act of 1906,"* resume on behalf of the Crown any laJld which, in his opinion, ought to he resumed for any of the purposes of this Act, and for the purpose of any such proposed resumption mllY cause the land to be inspected and repOl'ted upon by such officers and workmen as he directs, all of whom may thereupon enter upon the land and carry out all necessary operations. . . Upon any such resumption, the Owner shall be entitled to compensation, and the amount of such compensation shall be determined in the manner prescribed by the above-mentior:.ed Act. In assessing the amount of such compensation, . no allowance shall be made for any gold or mineral ~ nown or supposed to he on or under the land resumed, except in cases where such land is hy this Act expressly excepted from the definition of private land so far as relates to mining 'for mineral or a certain class of mineral, and in all such caMs an allowance shall be made for the mineral known or supposed to be on or under the land resumed. (2.) Upon any such resUllllption, the land so resumed ihall belong absolutely to the Crown, and be Crown land subject to the Mining Acts: Provided that every mining tenement granted in respect of or occupied upon any such land shall, notwith- standing any provision of the Mining Acts to the contrary, be subject to such rent or other payment to the Crown as may be fixed by the Governor in Council. 9. (1.) Subject to the Mining Acts, hut only after Mining application duly made under this Act, a mining tenement tenements. comprising private land niay he granted or registered. (2.) Subject to the Mining Acts, the whole or part of two or more parcels of private land which adjoin each other may be includeq. in one mining tenement under this Act. (3.) Suhject to the Mining Acts, private land, together with Crown land or land which is a reserve, or is held as a residence area or business area, or as a lease or special lease granted under section one hundred and eighty-eight of "The Land Act, 18B7,"t as amended by section twenty- one of " The Land Acts Amendment Act of 1905, " ~ or under any similar provision of any prior or other Crown '"' 6 Edw. VII. No. 14. supra, page 9135. t 61 Vie. No. 25, supra, page 6228. t 5 Edw. VII. No. 28, supra, page 8891.

9498 MINING. Minin.9 on Private Land. 9 Enw. VII. No. 15, Lands Act, may be included in one mining tenement~ provided that the whole of the land so included is one block. Where the right to mine on private land ha~ been acquired bpfore the commencement of this Act, an existing gold-mining leasehold adjoining such land may be enlarged so as to include such private land, notwith- standing that tbe area of the whole tenement thereby exceeds fifty acres, provided it does not exceed one hundred acres. ExeII! -pt~n of 10. No mining tenement shall be granted or registered l c a e n r d ta s m . prlvate in respect of private land if such land is- Ci.) Improved land; or (ii.) Of less extent than half an acre within the , limits of any city or town or township; or (iii.) Within one hundred and fifty yards or othel· less distance to be decided bv the warden's court, but not in any case less "than fifty yards laterally, from any improved land; unless in each of the above-mentioned cases- (a) The consent in writing of every owner of the land in question has been first obtained; or (b) Such grant or registration is limited to such d~ pth from the lowest part of the surface of the land as the warden"s court may in any case decide: Provided that where private land is being mined and the warden's court determines that the whole of or a specified part of such private land is or is likely to be required for the purpose of the mining operations in con- nection with the mine on the land, no other mining tenement, except such as may be applied for by the owner of such mine, shall be granted or registered in respect of such private land or specified part thereof, as the case may be. Unlawful entry. 11. It is unlawful to enter or remain upon the surface of any private land for any of the purposes of the Mining Acts, except by virtue of a permit issued by t.he warden or by virtue of the grant or registration of 1\ mining tenement. Permit to enter. 12. (1.) Any person who desires to enter upon private land for the purposes of the Mining Acts shall make an application or applications in writing to the warden for a permit or permits to enter upon the land. A permit may be issued so as to include any number of persons not exceeding five.

MINING. 901:99 1900. .LlIIining on Pril'ate Land. .Every such application shall be in the presc6bed form shall be for an area not exceeding six hundred and forty acres, and shall contain such description of the land as will enable the boundaries to be properly defined. Applications for permits shall take priority in the order in which they are lodged. (2.) The warden, upon being satisfied that the appli- cation is made in good faith, may grant a permit in writing limited to such period not exceeding thirty days as he thinks propel'. He shall' at the sarne time fix a sum of money not exceeding twenty shillings and require the same to be paid to him before the issue of the permit as and by way of security to compensate the owner and occupier of the land for any damage likely to be caused by the holder of the permit during- the currency thereof. 11he warden shall pay such sum either wholly or in part to the owner and occupier in satisfaction of the damage (if any) severally sustained by them, or shall return the same to the holder of the permit at the expira- tion thereof if he does no damage. During the currency of a permit no other permit shall be granted for the same land. (3.) Such permit shall, upon demand, be produced to the owner and occupier respectively of the private land or his agent. (,1,.) By virtue of such permit the holder thereof may enter upon the land and search for gold or mineral. (5.) If in any case the warden refuses to grant any such permit, the applicant may, ,vithin fourteen days, apply to the Minister for such permit. 13. (1.) Application for a mining tenement situated Applications. on private la.nd shall be made in the manner prescribed. (2.) Every applicant shall state and de:-:cribe in his application the area uf surface, if any, for which he applies; and, further, the purpose for which he requires such area, if any. He shall also describe any right of way applied for on the proposed tenement and therefrom through any other land to the nearest practicable point of a street or road. But, unless with the consent of the owner, no such right of way shall be applied for through any improved land. (3.) Notice of such application shall be given by the applicant as prescribed to the actual occupant of the land, or, if the land is vacant, shall be affixed in some conspicuous place on the land; notice of the application

9500 MINI:KG. Mining on Pr£vate Land. 9 Enw. VlI. No. 15, shall also be sent by registered letter through the post office to every person who appears, by the rate book then in force of the I.ocal Authority within whose J\ rea the land is sitnated, to be the owner 01' occupier of the land or of any other land in respect. of which any right of way is applied for. And every such owner and occupier shall be entitled to be IleaI'd before the application is granted. (4.) When the applicant does not apply for any area of surface, it shall not be necessary to mark out the tenement applied for on the smface. . (5.) When his title confers upon the owner of the mining tenement a-right to occupy a portion only of the surface thereof, he may at any time make application for an extension of the surface area. Every such application shall be made and dealt with in the same manner as the original application. Cases where 14. When any person other than the owner of the napopsluierdfafcoer. laud applies for a mIlling tenement in respect of private land and does not apply for any portion of the surface, then, if the consent of such owner has not been obtained, before any such application is granted, the applicant shall prove to the satisfaction of the warden that he possesses- (a) Adjoining the land applied for, a mining tene- ment occupied for the purpose of seeking for gold or mineral, or land held in fee-simple not being private land within the meaning of this Act; or (b) A mining tenement with such way-leaves and other rights throug-h intermediate lands as will enable him to mine in the land applied for. Rights of 15. (1.) 'nle owner of any private land may acquire tohwenirerasssaignnds. a mining tenement comprising such land, or of so much thereof as is not already the subject of a ~ ining tenement. And if, before the first day of September, one thousand nine hundred and ten, the owner or any assignee of the owner makes application for a mining tenement com- prising the whole or part of such land, his application, save as hereinafter provided, shall have priority over all others. Private (2.) J\ otwithstanding anything hereinhefore or in any agreements. other Act to the contrary eontained, where, at the com- mencement of this Act, any person is, by vhtue of any conveyance, lease, license, or other private agreement as against the owner of any private land, entitled to mine for gold 01' mineral on or under such land, then, if before the

MINING. 9501 lHO!). lllining on pJ'ivate Land. first day of Septernber, one thousand nine hundred and ten, such person makes application for a mining lease or claim, his application shall have priority over all others, including that of the owner of the land, and notwithstanding any neglegt, 01' refusal on tlie part of sueh owner to consent to the application. (3.) In any case where imy parcel of private land is Saving OT SO SlLWU in area Ol' is so situated that D. n ~ y Q ~ ~ 'old or other c lll e 1 : D t I a ll i D n ' rI . g hts mineral under the land cannot be profitably worked or 0 • won from the surface of the land or otherwise than from some neighbouring land, the owner of such private land or the· person entitled to mine tlwreunder by virtue of any conveyance, lease, license, or other private ageeement as against the myner of such land may, at any time before the first day of January, one thousand nine hundred and eleven, in lieu of acquieing a mining tenement con- sisting of such land, upon a plaint in that behalf, have the value of the gold or other mineral under or supposed to be under the land assessed by the warden's court. Notice of such plaint shall be ptiblished as prescribed, and upon the hearing thereof the oWner or person entitled to mine as aforesaid, and all other persons claiming to be interested as holders of neighbouring mining tenements from which such gold or other mineral could he profitably worked or won, shall be entitled to be heard and to examine and cross.:examine witnesses. The, warden's couet shall assess the value of such gold or mineral, and thereafter any person who acquires a mining tenement comprising such private land shall not be entitled to mine for such gold or mineral until he has paid to the warden on behalf of the owner o[ the private. land the amount of such assessment. And the warden shall pay over to such owner the said amount after deducting such sum on account of the costs and expenses of the proceedings as the warden's court shall fix. 16. The grant or registration of a mining tenem-ent R!ght. to for the purpose of seeking for gold or mineral on private rome, &e. land shall confer upon the owner- (i.) Where the tenement comprises an area of surface- (a) The right to mine on or under so much of the surface or extended surface as is stated and described in the lease or certificate of registration, as the case may be; and

9502 MINING. Mining on Prit,ate Land. 9 EDW. VII. No. 15, (b) The right to mine under the remainder, if any, of the tenement at such depth from the lowest part of the surface as the warden's court may in any case decide, which depth shall be stated in the lease or certificate of registration, as the case may be; and (0) A right of ingress and egress to and from the ten~ ment hy a right of way to be stated and described in the lease or certificate of , registration, as the case may be ; (ii.) Where the tenement dops not comprise any area of surlaco, the right to mine under the whole of the tenement at such depth from the lowest part of such surface as the warden's court may in any case decide, which depth shall be statt'd in the lease or certificate of registration, as the case may be. Compensa- tion. 17. (1.) Oompens:ltion under this Act for t.he right to occupy and work a mining tenement or for any right of way shall not be pay~ ble where the tenement does not' comprise any portion of the surface of the private land. ' To be paid or (2.) So far as regards any private land in respect of b ag e froeerdem u m p~ m n g. which compensation under this Act is pay • able. - the grant or registration of a mining tenement shall not confer any rights unless or until the owner thereof has paid or tendered, to the persons severally entitled the amount of compensa- tion, if any, determined in the 'manner prescribed, 01' made an agreement in writing, with every such person as to the payment of compensation, if any. ,(3.) Such payment, tender, or agreement shall be' certified on the lease by an officer of the Departlnent of Mines authorised by the :Minister in that behalf, or on tp.e certificate of registration by the warden. (t.) If no compensation is payable, that fact shall be E:O certified. • (5.) If any doubt exists as to who &re the persons entitied to compensation, or if they or any of them cannot be found, the M inister shall be deemed to represent them, and any such payment may be made to the Minister in trust for all persons entitled. caPgoormweepeeranstsoa to tion. S • Itua 1 te 8 d . o( 1n) pTrhi . veateapplalincdanmt afyor agarneye mwiinthingthetenpeermsoennst severally entitled to compensation as to the amount of such compensation.

MINING. 1909. .llfil1in.q 011 Private Land. No such agreement shall be valid unless the same is in writing and signed by the parties thereto or their agents, and filed at the warden's office. (.:.) If within such time as may be prescribed the Where no 1Jar t l · eS are unable to agree upon t 1 le amount 0 f c c ompensa- a ~ o a - r re d e e m n etnot tion to he paid, then either party may, upon a plaint in determine. that behalf, have the amount determined in the warden's compensatIOn. court. Either party shall have the right to require that such plaint shall be heard before the warden sittinl:;' with three, assessors, ancl in that case the provisions of the Principal Act relating to assess!)rs shall be applicable. 19. (1.) 'rhe compensation to be made under this Measnre o~ Act shall be compensation for- compensatIOn. (L) Deprivation of the possession of the surface or of any part of the surface; and c (ii.) Damage to the surface or any part thereof, and to any improvements thereon, which may arise from the carrying on of mining operations thereon or thereunder; and (iii.) Severance of the land from other land of the owner or occupier; and (iv.) Surface rights of way; and (v.) All consequential damages: Provided that in determining the amount of compensa- tion no allowance shall be made for any gold or mineral known or supposed to be on or under the land. (2.) In determining the amount of compensation, the warden's court shall take into consideration the amount of any compensation which the owner and occupier or either of them have or has already received for or in respect of the damage for which compensation is being determined, and shall deduct the amount already so received from the amount which they would otherwise be. entitled to for such damage. 20. N othlng in this Act shall be construed to take Other rights away or preJ . u d l ' C . lal -} y a if ec t any rl . g . l1 t 0 f ac t' Ion w h l ' C 1 1 any aofffeacctteiodn. not person may have for any 10SR or damage sustained by him by reason of any mining operations carried on pursuant to the :Mining Acts upon private land, oth81' than for loss or damage for which compensation is payable undcr this Act. 21. Save as by this Act is otherwise 1Jrovided, all Application the proV.lsI.ons 0 f tlle M ~ " 111lng Ac t s s1 HI 11 app1y t 0 ID . In . mg porfogveisnieornasl. tenements situated upon private land and applications

9504 MINING. Minin.!J on Private land. fl EDW. VII. No. 15, 1909. therefor as if they were situatrd upon Crown land; and all the powers, authority, and jurisdiction ot the warden and of the warden's court, and of every other court llaving jurisdiction under the Mining Acts with respect to !llining on Crown land, shall extend and apply to private land and to mining on or under such land: Provided that- (i.) No prospecting area, and no business area, and no market garden area, and no miner's home- stead lease shall he registered or granted in respect of private land; Moreover, a mining t: ~ nement other than a gold-mining lease or mineral lease or claim shall only be registered, granted, and held in l'espect of private land under the following eonditions :- (a) Such tenement shall be occupied and used solely in connection with a gold-mining lease or mineral lease or claim situated on such private land; and (b) rrhe private land shall exceed one thousand two hundl'ed and eighty acres in area. (ii.) An owner of a mining tenement shall not, without the consent of the owner and occupier of the private land whereon the tenement is . situated, be entitled to use water artificially conserved by such owner or occupier, or to fell . trees, strip hark, or cut timber on such land. (iii.) An owner of a mining tenement shall not have the right to impound any stock belonging to or bf'ing the propert.y of, or being in the custody or under the control of, the owner or occupier of any land comprising or adjoin- ing such tenement, or to disturb or molest any such stock in any way 'whatever, or to prevent any such stock from depasturing on or over any sueh tenement, unless the land comprised therein is enclosed by a substantial fence. Regulations. 22. The Governor in Council may from time to time make Regulations for carrying this Act into effect. The provisions of the Principal Act relating to Regu- lations shall apply to Regulations made under this Act.