Mining on Private Land Acts Amendment Act of 1965 (Qld)

201 Queensland ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1965 An Act to Amend -The Mining on Private Land Acts, 1909 to 1956 " in certain particulars [Asserrim To 27TH APRIL, 1965] 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. (1) Sbort tide. This Act may be cited as " The Mining on Private Land Acts Amendment Act of 1965." (2) Principal Act . " The Mining on Private Land Acts 1909 to 1956 " are in this Act referred to as the Principal Act. (3) Collective tide . The Principal Act and this Act may he collectively cited as " The Mining on Private Land Acts, 1909 to 1965." 2. Repeal of and new s. 7. Section seven of the Principal Act is repealed and the following section is inserted in its stead:- " [7.] Private land may be excluded from being subject to mining tenements or permits to enter . (1) The Governor in Council may from time to time by Proclamation published in the Gazette declare and define an area or areas of private land within the State which shall not be subject to a grant or registration under this Act-of a mining tenement or a permit

202 Mining on Private Land Acts Amendment Act of 1965, No. 20 to enter and while such Proclamation remains in force, it shall not be lawful to grant or register under this Act, in respect of that area or those areas of private land, a mining tenement or a permit to enter except- (a) in the case of an application for such a permit. when the purpose of the entry sought is to prospect for coal or petroleum; or (b) where otherwise provided by this Act. (2) For the purposes of subsection (1) of this section the term " coal has the meaning assigned to that term by " The Coal Mining Acts, 1925 to 1964," and the term " petroleum " has the meaning assigned to that term by " The Petroleum Acts, 1923 to 1962 "." 3. Repeal of and new s . 12. Section twelve of the Principal Act is repealed and the following section is inserted, in its stead :- " [12.] Permits to enter private land. (1) A person who desires to enter upon private land for the purposes of the Mining Acts shall make or cause to be made on his behalf application in writing to the warden for a permit to so enter. (2) An application made under this section- (a) shall be in the prescribed form ; (b) may be made by or on behalf of any number of persons not exceeding five; (c) if it be in respect of more than one parcel of private land, shall include only such parcels as are contiguous and in the ownership of the same owner or owners or, when such private land is land which has not been alienated by the Crown in fee-simple, only such parcels as are contiguous and in the occupation of the same occupier or occupiers ; (d) may be in respect of a total area not exceeding six hundred and forty acres; (e) shall contain a plan and such description of the private land concerned as will enable the boundaries of such land to be properly defined ; (J) shall specify the owner or owners of each parcel of private land concerned, or, when such private land is land which has not been alienated by the Crown in fee-simple, the occupier or occupiers of each such parcel : and (g) shall be accompanied by a filing fee of one pound. (3) (a) When two or more applications are made in respect of or including the same parcel or parcels of private land the warden shall consider each application in the order in which such applications were made to him. (b) When two or more applications are made simultaneously in respect of or including the same parcel or parcels of private land the warder, shall determine the priorities of each such application according to its merit but should it be impossible, in the opinion of the warden, to so determine priorities then the warden shall determine the same by lot (4. a) Upon being satisfied that an application has been made in good faith. the warden may subject to the provisions of this subsection, grant to the applicant a permit to enter upon the whole or par, of the private land the subject of the application

Mining on Private ,, and Acts Amendment Act of 1965. No. 20 203 (b) When the warden determines that a permit should be granted upon an application he shall fix a sum not exceeding five pound, and shall require the same to be paid to him by the applicant by way of security to compensate the owner or occupier of the private land in respect of which the permit should, in the warden's opinion, be granted for any damage likely to be caused to such owner or occupier by the applicant during the currency of such permit. The payment of any sum so fixed by the warden shall be a condition precedent to the grant of a permit to the applicant concerned. (5) A permit granted under this section- (a) shall be in writing under the hand of the warden; (b) shall be for a period fixed by the warden but in no case exceeding thirty days; (c) may be granted to any number of applicants not exceeding . five; (d) shall be given to the applicant or to any one of them. (6) An applicant to whom a permit. has been granted under this section- (a) may together with his contractors, employees and agents enter upon the private land in respect of which the permit has been granted, or any part thereof, and therein search for gold or mineral; (b) shall, upon demand made therefor by the owner or occupier of such private land or any of it or the agent for such owner or occupier, produce to the person making such demand the permit in question. (7) (a) If any damage is sustained by the owner or occupier of private land in respect of which a permit has been granted under this section, which damage is caused by the applicant to whom such permit was granted or by any of his contractors, employees or agents, the warden shall pay the sum paid to him by way of security under subsection (4) of this section, or so much thereof as may be sufficient for the purpose, to such owner or occupier as compensation for the damage severally sustained by them. No provision of this paragraph shall prejudice the right of such owner or occupier to recover from the person liable therefor the full amount of damage sustained by him. (b) Any balance of such sum as aforesaid held by the warden after making payment provided for in paragraph (a) of this subsection or, if no damage be so sustained, the whole of such sum aforesaid, shall be repaid by the warden to the person who paid the same to him. (8) During the period for which a permit has been granted under this section it shall not be competent for any person to make an application to a warden for a similar permit in respect of any of the private land the subject of such permit and no warden shall at any time consider any application se made: Provided that a person to whom a permit has been granted under this section, being the holder of an authority to prospect upon private land the subject of that permit granted under this Act or any other Act, may, at any time within seven days before the expiration of the period of that permit, apply in manner aforesaid to the warden for a further permit in relation to the same private land or any part thereof and the warden may grant to such person a permit in relation to the private land

204 Mining on Private Land Acts Amendment Act of 1965, No. 20 the subject of the application, or any part thereof, which shall commence upon the expiration of the period of the permit existing at the date of such application and be subject to the provisions of this section. (9) The warden may refuse to grant a permit to any person to whom such a permit has been granted with respect to or including the same private land within a period of twelve months immediately preceding the date of that person's application for such a permit: Provided that the holder of an authority to prospect granted under this Act, or any other Act, shall, upon his application therefor, be entitled to the grant of a permit to enter upon any private land within the boundaries of the area within his authority to prospect notwithstanding that he may have been granted such a permit with respect to or including the same private land within twelve months immediately preceding the date of his application for such permit. (10) If the warden refuses, in any case, to grant a permit upon an applicant's application such applicant may, within fourteen days after such refusal, apply in writing to the Minister for such permit." 4. Enactment of s. 12A. The Principal Act is amended by inserting after section twelve, the following section :- " (12A.) Application for and grant of authority to prospect . (1) Any person may apply to the Minister in writing for an authority to prospect upon private land for gold or mineral, other than coal or fire clay and mineral oil occurring in the free state and which may be obtained by drilling or wells. (2) The Minister may grant such an authority to any person so applying in respect of any private land included in such application. (3) The Minister may stipulate in relation to such an authority all or any of the following:- (a) the area to be within the terms of the authority; (b) the rental, terms and conditions of the authority: (c) the period during which the authority shall be in force. (4) (a) Subject to this Act, and to the payment in advance of the rental stipulated therein and the survey fee, if any, the holder of such an authority may prospect upon all private land within the area shown therein during the period the authority is in force. (b) The holder of such an authority shall, before he attempts to enter upon any such private land, apply for and obtain a permit to enter in respect of that private land from the warden in accordance with section twelve of this Act. (c) When a Proclamation under section seven of this Act subsists in respect of any such private land then, for the purposes of paragraph (b) of this subsection, the warden may, subject to this Act other than section seven hereof, grant a permit to enter to such holder notwithstanding such Proclamation. (5) If the holder of such an authority fails to comply with any term or condition thereof the authority shall be liable to immediate cancellation by the Minister. (6) Within fourteen days of the discovery of gold or mineral by him the holder of such an authority shalt report such discovery to the nearest warden who shall forthwith report the same to the Minister.

alining on Private Land Acts Amendment Act of 1965, No. 20 20: Upon receipt of such report the Minister may call upon the holder of the authority by notice in writing- (a) to apply for a lease of a mining tenement in respect of the land wherein or whereon the discovery was made , or of such part thereof as the Minister considers proper; or (b) to continue his prospecting operations. If the holder of the authority fails to comply with the Minister's notice within fourteen days of the date thereof, his authority shall be liable to immediate cancellation by the Minister. (7) When such an authority has been granted in respect of any private land included in a subsisting Proclamation under section seven of this Act, then , notwithstanding such Proclamation , the Governor in Council may, upon application made therefor pursuant to the last preceding subsection or otherwise by the holder of the authority, grant to such holder a lease of a mining tenement in respect of that private land or any part thereof. Every such application shall be an application for a mining tenement within the meaning of and for the purposes of section thirteen of this Act." 5. Amendment to s. 13. Section thirteen of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection :- " (2) (a) The applicant shall state and describe in his application- (i) any area of surface for which he applies; (ii) the purpose for which he seeks an area of surface (if any); (iii) subject to the provisions of the next succeeding paragraph, any right of way for which he applies on the private land concerned and therefrom through or upon any other land to a practicable point approved by the Minister on any road, river, waterway, railway station or siding. (b) It shall not be competent for an applicant to apply for a right of way through or upon any improved land unless he has obtained the consent of the owner of such land to such right of way." 6. Amendment to s. 17. Section seventeen of the Principal Act is amended by, in subsection (2), inserting after the words " mining tenement " the words " or any renewal thereof ". 7. Amendment to s. 18 . Section eighteen of the Principal Act is amended by, in subsection (1), omitting the second paragraph and inserting in its stead the following paragraphs:- " Such an agreement shall not have any force or effect or be deemed an agreement as to the payment of compensation within the meaning of this Act unless- (a) it is in writing; (b) it is signed by the parties thereto or their agents; (c) it is filed at the warden's office; and (d) it is approved by the Minister or such officer of the Department administered by him as the Minister specifies either generally or in a particular case. Such an agreement shall not be approved by the Minister or such officer if it provides for the payment of an amount of compensation based wholly or in part upon the quantity or value of gold or mineral won or expected to be won from the mining tenement concerned."

206 Mining on Private Land Acts Amendment Act of 1965. No. 20 8. Amendment to s. 21A. Section 21 A of the Principal Act is amended by, in subsection (2), omitting the definition " Private land " and inserting in its stead the following definition:- PPrriivvaatete land "-Land- (a) which has been alienated by the Crown in fee-simple; (b) in respect of which a right to a grant by the Crown in fee-simple- (i) has accrued to any person ; or (ii) will accrue to any person upon the performance by him of a developmental or improvement condition; (c) an estate in fee-simple in which is being purchased from the Crown : The term does not include a reserve." 9. Application of s. 12 of "The Mining on Private Land Acts , 1909 to 1965". The provisions of subsection (3) of section twelve of" The Mining on Private Land Acts, 1909 to 1965 " apply as well with respect to applications made to a warden before the commencement of this Act but in respect whereof a permit has not been granted or refused at the commencement of this Act as to applications made to a warden after the commencement of this Act.