Mining on Private Land Acts Amendment Act of 1956 (5 Eliz Ii No. 23) (Qld)

MINING. 5 E liz . II. No. 23, 1956. Mining on Private Land Acts, Etc., Act. 231 An Act to Amend “ The Mining on Private Land 5 3S!»”- Acts, 1909 to 1954,” in certain particulars. 7 7* 5S o bfw L and A cts A mendment [A ssented to 23 rd N ovember , 1956.] aic 956OF B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows 1. (1.) This Act may be cited as “ The Mining on short title. Private Land Acts Amendment Act of 1956.” (2.) *“ The Mining on Private Land Acts, 1909 to Principal 1954 ” are in this Act referred to as the Principal Act. Act‘ (3.) The Principal Act and this Act may be Collective collectively cited as “ The Mining on Private Land Acts, tltle' 1909 to 1956.” 2. The following section is inserted after section New s. ioa ten of the Principal Act, namely :— inserted. “ [20 a .] A mining tenement comprising any private Applicant land shall not be granted or registered unless the tenement8 applicant therefor has been granted a permit under must hold section twelve of this Act to enter upon that private to land, and that permit was current when he applied for the mining tenement and also, if the application includes any area of surface of private land, when he marked out the land in the prescribed manner.” 3. Section eleven of the Principal Act is repealed, Repeal of and the following section is inserted in lieu thereof, ^nnew namely:— “ [22.] It shall be unlawful for any person Unlawful whomsoever, including the owner, to enter, be, or entry‘ 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 the warden or by virtue of the grant or registration of a mining tenement. Any person who commits a breach of this section shall be guilty of an offence and liable upon summary conviction therefor to a penalty not exceeding one hundred pounds.”.* * 9 E. 7 No. 15 and amending Acts.

232 MINING. Mining on Private Land Acts, Etc., Act. 5 E liz . II. No. 23,1966. Amendments 4. Section twelve of the Principal Act is amended— (a) By repealing the second paragraph of subsection one and inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ Every such application shall be in the prescribed form, shall be for an area not exceeding six hundred and forty acres of contiguous land, and shall contain a plan and such correct description of the land as will enable the boundaries to be properly defined.” ; (b) By adding to subsection one the following paragraph, namely :— “ In any case of simultaneous applications, priority shall be according to merit as determined by the warden and, where he determines that any such applications cannot be distinguished by merit, then by lot.” ; (c) By inserting after subsection one, the following subsection, namely:— “ ( 1 a . . ) Each application for a permit shall be accompanied by a filing fee of one pound.” ; (d) By in subsection two— (i.) Repealing the words “ twenty shillings ” and inserting, in lieu of those repealed words, the words “ five pounds ” ; (ii.) Adding after the words “ same land ” the words “ and it shall not be competent for any person other than the holder of that permit to apply for any mining tenement of any of the private land the subject of that permit ” ; and (e) By inserting after subsection tour the following subsection namely “ ( 4 a .) The Warden may refuse to grant any permit over any private land to any person who has held a permit to enter upon that land within the period of twelve months immediately preceding the date of lodgment of the application for the permit firstmentioned in this subsection.” Amendment 5. Section fifteen of the Principal Act is amended ofS. 15 . by inserting, before the words “ The owner ”, the words “ Subject to first obtaining a permit under section

MINING—MOTOR SPIRITS. 233 6 E liz . II. No. 10, 1957. Motor Spirits Distribution Act. twelve of this Act to enter thereupon and to that permit being current when he applies under section thirteen hereof”. 6 . Section sixteen of the Principal Act is amended Amendment by repealing the word “ owner ” and inserting, in lieu ° s' 16‘ of that repealed word, the words “ holder thereof ”. 7. Subsection two of section seventeen of the Amendment Principal Act is amended by repealing the word “ owner ” of s-17 (2)< and inserting, in lieu of that repealed word, the Word “ holder 8. The amendment with respect to simultaneous Subsisting applications made by paragraph (6) of section four of this Act applies with respect to simultaneous applications lodged, but in respect whereof a permit as applied for has not been granted before the date of the passing of this Act, as well as to simultaneous applications lodged on or after that date. MOTOR SPIRITS. 1 An Act SRpeilraittsin, gantdo fotrheothDeirstrpiubruptoiosens. of Motor T6 h N SE ep o li . M rizi 1 o . t 0 ts I . o I r . D istribution A ct op [A ssented to 16 th A pril , 1957.] 1957. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as Distribution Act of 1957.” The Motor Spirits Short title and commence­ ment. 2. This Act and every Proclamation, Order in Construction Council, regulation, license, notice, and permit made, ofAct‘ granted, or given under this Act shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision, term, or condition of any such Proclamation, Order in Council, regulation, license, notice, or permit ,