Mining on Private Property Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QITIPU'QUAGESIMO

SECUNDO

No. 448.

An Act to amend the Law relating to Mining on Private

Property.

[Assented to, December &h, 1888.1

E it Enactcd by the Governor of the Province of South Preamble.

Australia, with the advice and consent of the Leginlative Council and House of Assembly of the said province, in this pre- sent Parliament assembled, as follows:

1. This Act may for all purposes be citcd m the " Mining on Shorttitle.

Private Property Act, 1888."

, any estate or interest therein, are under a disability to sell or convey the same: " Private

2, I n the interpretation and for the purposes of this Act, unless Interpretutisn.

inconsistent with the context, the following terms shall have the

following meanings :-

c c Commissioner " shall mean the Commissioner of Crown Lands

or other the Minister for the time being controlling the

mines of the said province:

" To mine" or mining" shall include the doing, of anything

necessary or convenient for the purpose of obtaining from land any metal, or any substance containing metal, or of extracting the metal from any such substance:

Metal " shall mean gold:

Owner" includes as well the owner of the fee simple as a mortgagee and lessee, and also includes all parties who, being seised or possessed of, and for the time being entitled to, the receipt of the rcnts and profits of any private land, or

51" & p0 VICTORIE, No. 448.

&Fining on P ~ W a t e Property Act.-l 888.

Private land " shall include all lands not being Crown lands

within the meaning of	The Crown Lands Consolidation Act,
1886,"

Claim" shall mcan claim as defined in thc laws relating to gold

mining for the time being in force in the said Province:

Prescribed " shall mean provided by regulation set out in the Schedule to this Act, or made under the authority of this Act:

Warden " shall mean a warden of the goldfields for the province.

Limitation of A C ~. 3, The provisions of this Act shall not extend to any garden,

oichard, or vineyard, church, chapel, schoolhouse, hospital, asylum, college, or grouuds enclosing the same, or m y park lands or recreation grounds vested in any municipal corporlttion or district

, council, or other public body or trustees, or to any land of less area than half an acre within any city or township, or to any land within three hundred yards of any well, artificial reservoir, dam, dmelling- house, manufactory, or building, of not less than Fifty Pounds value.

Incorporation of 4,

The Lands Clauses Consolidation Act, and all Acts amending the same, are hereby incorporated with this Act, and for all the pur- poses of the Lands Clauses Consolidation Act, and of the Acts amcnd- ing the same, the Commissioner shall be deemed to be the promoter of the undertaking, and the undertaking shall be deemed to be the exercise of the powers conferred on the Govcrnor and the Com- missioner by this Act.

Lands Clausos Con-

solidation A C ~ ~,

Acquisition of right

t o mine on private 5, A right to mine on private land may be acquired by the

land. following methods :-

(PART T.)

I. By the resumption of private land.

XI. By the proclamation of private land as an alluvial gold- field.

(PART 111,)

r l r. By compulsory mining lease.

YART I. PART I.

RESTJMYTION O F PRIVATE LANDS.

Private ~ma may be 6, The Governor may on behalf of the Crown from time to time

provieionall y

reeumed. provisionally resume the ownership of any private land for mining purposes, and such provisional resumption shall be effected by notice to the owner and occupier, and by Proclamation to be

published

51' 81 52G VICTORIlE, No. 448.

Mining on Private Property Act.---1888.

published in the Government Gazette, and upon the publication	PART I.
of such Proclamation such provisional resumption shall take effect: Provided that no such &clamation shall Lbe made without the consent of the owner-

I. Unless a written application shall have been made to the Commissioner desiring the land shall be so resumed, and unless an inspector appointed under this Act shall have previously certified in writing to the Commissioner that he has examined such land, and that he is of opinion that payable reef gold exists therein, and that suck kind should be resumed for the purpose of' mining:

IT. Unless six calendar months previous notice to be given in the prescribed form and manner shall have been given by the Commissioncr to the owner and also to the occupier of such land of the certificate of the inspector, and of the inten- tion to proceed pursuant to this part of this ,4ct, and, unless in the event of the owner being dissatisfied with such certificate, the same shall be confirmed by a mining expert appointed as hereinafter mentioned.

111. Unless therc is a failure to show to the satisfaction of the Commissioner that, after the expiration of six calendar months from the giving of the said noticc, thc said land is being continuously and bonci$de mined with the number of men and in the manner which mould be necessary if the said land were held under a mining lease from the Crown.

section 11. of clause 6 has been signed, a copy thereof shall be scrved expert. 7, Within one month after the certificate mentioned in sub- Certificate and mining

upon the owner and occupier, who shall he deemed to be satisfied

with the same unless within one month thereafter such owrier and occupier, or one of them, shall submit to the Commissioner the namc of a mining expert to review such certificate. Should the C ~ r n -

missioner be dissatisfied with such mining expert, and be unable to agree with the owner upon some other mining expert, one shall be appointed on the application of either party by the Special Magistrate of the Local Court of Full Jurisdiction nearest to the land. The mining expert agreed upon or appointed as above-mentioned shall be deemed to have confirmed such certificate unless he shall notify to the Commissioner his dissent therefrom within one month after his appointment, or such further time as may be allowed by such Magistrate as aforesaid.

8. Within six calendar months after the publication of any Pro- ~rovisional resump-

clamation of provisional resumption, the Governor, subject to the provi-	t~on	may be absolute.
sions of this Act, may publish in the Government Gazette a further Proclamation, either revoking such provisiorml resumption wholly or partially, or making such resumption wholly or partially absolute, and

upon

51' & 52' VICTORIE, No. 448.

. - - -

Nining on Private Property Act.-1888.

-

FAET I. upon the publication of any such further Proclamation the private land described therein, in respect of which such resumption shall be made absolute, shall thenceforth belong absolutely to the Crown, and be Crown lands, and be dealt with accordingly, and a copy of such Proclamation shall be registercd and deposited in the General Registry Office, if such land shall not have been under the provisions of any Real Property Act; but if such land shall have been under the provisions of any such Act then, notwithstanding the provisions of the Real Property Act, 1886, the Registrar-General on receipt of a copy of such Pro- clamation shall enter a memorial thereof, and of the effect thereof on the folium of the register-book in the Lanris Titles Registration Office evidencing the title thereto, and on all instruments of title affectcd thereby.

Purchase on absolute 9, If any provisional resumption shall be madc absolute, payment

reeumption. shall be made by the Commissioner by way of purchase-money, and compensation for the land absolutely resumed, and for the damage thereby occasioned, as if such land had been acquired by the Com- missioner under the powers of compulsory purchase contained in the Lands Clauses Consolidation Act, and the Acts amending the same.

Interest on purchase 10, Interest at the rate of Five Pounds per cent. per annurn, from

money. the date of the provisional resumption, shall be allowed on and added to the purchase-money mcntioncd in thc prcccding section a,nd shall be paid therewith estimating from the date of prwisiomal resumption; anit in the event of any private land being provisionally resumed as aforesaid, and such provisional resumption being subsequently re- voked, the owner of such private land, upon the revocation of such re- sumption, shall receive compensation from the public revenue of the said province for the loss and damage sustained by him by rcason of S L I C ~ provisional resumption, which compensation the Government may recover from the person applying to have the land resumed: Provided that, in estimating the value of any land, no account shall be taken of the value of any rnctal rcmovcd therefrom since thc provisiond. resumption thereof, or known or supposed to be thereon.

IBCC~ provi~ional 11. During the period of the provisional resumption of any

resumption.

private land, such private land may be dealt with for mining

purposes, subject to the followiilg provisions :-

I. Under any mining licence that may be granted of any such land, the lieencee shall pay to the ~ommissioner, at specified intervals, a royalty of two and a-half per cent. on the gross money valuc of metal raised therefrom:

11. Every such licence shall Fe issued subject to conditions

that the licencee shall take all proper precautions for the protection of man and beast and for the preservation of timber, do no unnecessary damage to the land, crush, refine, wash, or otherwise in a miner-like manner to

treat

51" & 52' VICTORIE, No. 448.

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Millifi.q on Private Property Act.-1888.

PART I.

treat and render marketable, all metal obtained from,

the land, and keep proper accounts for inspcct,ion when

required, containing all necessary illformation to enable

the amount of royalty payable to be determined:

111. Every such licence shall also be snhjcct to a11 such other provisions as the Commissioner shall think desirable, o r as may be prescribed, and, in particular, any such licence may contain a right of renewal, or to a lease to bc exercisable in the event of the provisional resumption being made absolute:

:v. Every person who shall apply for a mining licence, in respect of any private land which, for the time being, shall be provisionally resumed shall, at the time of making such application, pay to thc Commissioner such sum as shall bc deemed by the Cornmissioner to be suffi- cient to pay the compensation, payable by the Com- missioner in the event of the provisional resumption of such land not being made absolute.

12. At the end of six calendar months after the publication of Cesmr of proriaiond

anv Yroclamation of provisional resumption, such resun~ption shall resumption.

ccase so far as the same shall not have previously been made absolute.

13. On the ccsser or revocation of any provisional resumption, Cornpeneation on cesser or revocation

payment shall be made by the Commissioner by way of compensation of

resum-

for the damage occasioned by such provisional resumption and by tion.

the exercise of the powers of the Commissioner exerciseable during

the period thereof, and every dispute as to the amount of such com-

pensation shall be heard and determined in a summary way by two

or more Justices of' the Peace, of whom one shall be a, Special

Magistrate.

14. Every mining lease or licence grantcd in rcspect of any ~r iva te Tema of leaaea after

land absolutely resumcd, shall hhc subject to the provisions contained "bsO1u"

in subdivisions 1,2, and S of section 10, as affecting mining licences

granted during the period of provisional resumption.

15. All royalties required to be reserved by this part of this Act Diviaion of rogaltiea.

and received by the Commissioner in respect of mining on private land, either provisionally or absolutdy resumed, shall, after deduction by the Commissioncr of a conlmission calculated at the rake of 'l'wo Pounds Ten Shillings per centurn thereon, be payable to the person, if any, who, but for the resumption of such priwtc land, would for the time being, have been entitled to the first right to mine thereon.

16. No allowance shall be made in the assessment of any pur- Metal not to be considered i n

chase-money or compensation payable under this part of this Act, m808siog	purcbse-
for any metal removed from any irivate land after any provisional re- money or

sumption thereof, nor for any metal known or supposed to be th.ereon. compensation.

PART

51" & 52' VICTORIE, No. 448.

Hining on Private Property Act.-1888.

PART rr. PART 11.

PROCLAMATION OF PRIVATE LAND AS ALLUVI AT,

GOLDFIELD.

Private land map be

declared an alluvial	17. Thc Governor may, after giving six calendar months' notice to the owner and occupier of the land, and by Proclamation to be published in the G o ~ e r n m m t Gazette, declare that any private land shall be an alluvial goldfield: Provided that no such private land shall be declared an alluvial goldfield, except under conditions similar to those rendered necessary in cases of provisional rresump- tion, by subdivisions 1, 2, and 3 of section 6, but so that the certi- ficate of the mining inspector required by the said subdivision shall refer to the existence of payable alluvial gold instead of to the existence of payable reef gold. Upon the publication of any Proclamation declaring any private land an alluvial goldfield, the
60ldfield.
following consequences shall cnsue: -

I. The private land, the subject of such Proclama.tion, shall, for all purposes of all laws in force for the time being relating to alluvial gold mining, be deemed to be Crown lands and an alluvial goldfield; and the said land, and all persons entering thereon for mining or other purposes, shall be subject to the Warden's jurisdiction, and all laws and regulations in force for the timc being relating to alluvial gold mining on Crown lands shall apply to such land and persons, and persons shall be entitlcd to mine upon such land subject to such laws and regulations and to the provisions of this Act:

Ir. Every person mining upon, or occupying any claim upon,

any such private land, shall pay to the Warden a weekly

rent of Two Shillings therefor, in advance.

Provided as follows :-

I. No person shall sink any shaft to a greater depth than one mission of the owner of such land whercon such claim hundred feet upon any such land without the written per- is situated, or unless such land shall have been resumed, either provisionally or absolutely; but private land declared an alluvial goldfield may be resumed without compliance with subsections r I. and 111. of section 6:

11. No person shall mine on any such land until he has ob- tained a special licence for mining on such land, wllich special licence shall be in force for one year from the

date thereof, and shall be issued by the Commissioner

on payment by the applicant of a fee of Oue Pound,

and may be renewed on payment of the like fee:

1.11. Any person mining on or occupying any such private land without having duly paid the rent of his claim, or mining on any such land without having obtained such special licence, shall forfeit and pay aWpenalty not exc&ding

Twenty Pounds. 18. The

51" & 52' VICTORIE, No. 448. 7

p-- -

Mining on Private Pmpet+& Act.-1888.

P A ~ T 11.

18. The owner of any private land declared an alluvial gold-

Diyi&n of rent#.

field may, after the expiration of six calendar months from the date ;my private land dcclnrcd an alluvial goldfield pursuant to this part of this Act, slrall, after payment tbeieout to the Cornrnissioncr of R charge cdculated at ihk rate of Two Pounds Ten Shillings per centum thereon, be divided equally between the person who, but for such declaration, would for the time being have been entitled to the first right to mine thereon, and the person who, but for such declaration, would for the time being have been entitled to the possession of thc said land. If the said person shall be entitled to the first right to mine and to possession, then the whole of such moneys, after deducting such commission, shall be paid to him.

of the publication of ihc Proclamation, by written notice giyen to

thc Commissioner, require the said l a r d to be absolutely resumed;

and if such laad shall not be absolut~ly resumed within onc calendar

month after the giving of such notice, such land shall thereupon

ccase to bc an allu~ial goldfield: Provided that in the case of an

alluvial goldfield resumccr at the request of the owner, pursuant to

this section, there shall, on the issue of any lease or licence for

alluvial goldmining, be reserved to the owner, in lieu of the royal-

ties which, but for this proviso, would be payable, one-half

of the rents received from licence holders working on such land.

19. One-half of the special licence fees provided for by Divsion of licence

proviso 2 of section 16 shall be retained by the Commissioner, and fee'.

thc remainder shall be disposed of in manner provided by section

l 7 in regard to moneys received for rent after deducting commission.

20, The Governor may, 5y Proclamation to be ~ublished in the Privateland to cease

Govnnmcn,t Gazette, declare that m y private land declared to be an proolnmrtion.	to be goldfield on
alluvial goldfield, skdl cease to be a goldfield, and upon the publica- tion of such Proclamation, all powers arising by virtue of the original dcclaration shall cease to be exerciseable. If any land	absolutely resumed pursuant to this Act shall ccafsc to he used for	mining purposes for six calendar months the Commissioner may sell
the sa.me, but the person who but for such resumption would have been the owner shall have the prior right to purchase such land, and in the event of such person exercising such right the price to be paid therefor shall be thc amount paid on resumption.

PART 111. PART 111.

COMP-UI,SORY M I N I N G LEASES.

21, Any person may apply in the prescribed form and manner to Omer of priva? land to grant &g

the owner of any private land to grant to him a mining lease of any 1	ease thereof.
portion of such land in a, prescribed shape, not exceeding twenty
acres for gold mining.

51" & 52' VICTORIA, No. 448.

-

Mining on Private Property Act.-1888.

PART 111. 22. The owner of the private land referred to in any such prescribed time, to refuse to grant a mining lcase thereof, but, in the event of his so refusing, and the inspector having previously certified in writing that he has examined such land, and that hc is of opinion that payable metal exists therein, and that such land should be resumed for the purposc of mining, such owner shall, after txo months from the date of such application, continuously and bona

O w e r map	to	application shall be entitled in the prescribed manner and within the
grant lease.
fide mine the land, the subject of such application, with the number
of men, and in the manner which would be necessarv if the said land were held under a similar mining lease from the crown, and if he shall not so mine the said land the owner shall have no further right to refuse to grant any mining lease for which any person may apply in the prescribed form and manner in respect of the same land. Thc certificate of the inspector in this section mentioned shall be subject to review, disallowance, and confirmation, in thc same manner as the certificate mentioned in subsection 11. of clause 6, and clause 7.
Jlrovisione ae to

and oonditiGne 23. In the event of the owner of any privatc land in respect

of miningleases. whereof an application for a mining lease shall be duly made, not refusing in thkmprescribed manner and within the presiribed time to grant a mining lease, or not being entitled to refusc to grant the same, the following consequences shall ensue :-

I. Should such owner and such applicant agree upon the terms

of such mining lease, such lease shall be granted accord-

ingly:

rr. Should no such agreement be come to, such owner shall,

subject to the provisions of this Act, grant to such applicant a mining lease of the private land the subject of such application at a royalty at: the rate of two and a half per cent. on the gross money value of mctal raised

from such land during the currency of such lease:

1x1. There shall also be reserved in such lease a rent for the surface of the land, to be assessed by the Local Court of Full Jurisdiction nearest in a direct line to the land the subject of the application:

IV. Such lease shall be for the term of twcnty-cight years, and shall

comprise a convcnicnt right of way to the land to be leased, and shall contain all such powers and provisions as shall be prescribed; and shall also contain proper provisions compelling the lessee to take all proper precautions for the preservation of timber and for preventing any unnecessary damage to the land or injury to man or beast:

v. Every such lease shall contain a right of re-entry by the owner of the private land the subject of the lease, on non-payment of rent or royalty or breach of covenant by the lessee for such time as may be prescribed.

Provided

51' & 5 2 O VICTORIE, No. 448 9

Mining on Private Property Act. -1 888.

Provided as follows :- PART XI~.

I. In assessing the rent to be reserved by any such lease the Local Court assessing the same shall take into considera- tion any special damage to the land, or to any adjacent land, likely to be caused by mining or by obtaining access to the land:

11, I n the event of the Local Court, which shall assess any such

rent, being of opinion that any special injury' is likely to arise to any private land by reason of' any mining lease being granted, such Local Court may order that such land shall be purchased in the prescribed manncr by the applicant for such lcase:

111. Therc shall be an appeal in the prescribed manncr to the Supreme Court against the decision of any Local Court:

IV. Tn the event of any applicant for a mining lease being dis- satisfied with the rent assessed, or in the event of his being unwilling to purchase any land ~ursuant to the order of any Local Court, it shall be la\;ful for such applicant to

give notice in the prescribed form to the owner of such

private land abarldoning his claim to such lease or purchase:

v. The costs of a11 proceedings in any Local Court or Supreme Court, in respect of the rnsttcrs hcrcin refcrrcd to, shall

be paid by the applicant for the lease:

vr. In any case in which the metal in any privatc land shall be reserved, or shall be the property of the Crown, no mining lease of such land shall be granted pursuant to this part of this Act without the consent of the Commissioner, and proper royalties shall be reserved to the Commissioner

t)y every such leasc.

24, Should the owncr of any private land, not being entitled Mastcr of Supreme

so to do, neglect or refuse to grant a mining lease pursuant to the, Court to grant lease

,,,,,, , , , ,

provisions hercof, and refuse to sell his l&d, the Mastcr of the of owner.

supreme Court shall, subject to the provisio& of this Act, grant

such lease in the prescribed form, and such lease, when duly

executed by the Master of the Supreme Court and by t l ~ c

lessee, shall. on application, and on payment of thc prcscribed fccs,

bc registered by the Registrar-Gcncral on the folium of the register

book constituting thc title to such land without requiring the pro- duction of the land grant or certificate of title to such land, should such land be under the operation of the " Reel Property 9c t, 1886," and, in the case of land subject to the general law of conveyancing, such lease shall, on payment of the prescribcd fces, be registered in the General Registry Office for the registration of deeds; and, immediately on such registration, the term of years granted thereby shall vest in the lessee, and the lease shall have effect in all respects

as if the same had been executed by the owner of such private

land: Provided as follows:-

T. The owncr of such private land shall, in the event of' his

B-44s. sef n SRI

51" & 52' VICTORIR, No. 448. -- - -- -+ - .- - -

Mining on Private Properg Act.-1888.

PART III.

- refusal to grant such lease as aforesaid, such refusal not proceeding from incapacity, pay all the costs connected with the obtaining and granting such lease:

r l. The Master of the Supreme Court shall from time to time, until the owner of the private land comprised in such lease ratifies the same, hold the rents and royalties ~eceived under such lease upon trust for the owner of such private land; but shall be entitled to deduct therefrom a charge of Two Pounds Ten Shillings per centum for the cost of collecting the same, and the Master of the Supreme Court shall not be required to invest any accu- mulations of rent or royalty.

General,

Appointment of	25, The Governor may appoint any qualified persons inspectors under this Act, and any inspector may enter upon, examine, and report upon any private land at any convenient time during the day; but at least eight clear days' written notice shall be given to the occupier, if any, of the property, giving the name of the inspector, and the time of the visit before such examination is made.
inspectora.

G o v m o ~ m n y 26. The Governor may, from time to time, make, altcr, annul,

regulations-	vary, or amend the regnla,tions in the Schedule to or made undcr the authority of this Act, or any of them, or may, from time to time, make other regulations in licu thereof, o r in addition thereto, for carrying into effect the provisions of the Act: Provided that all regulations made under the authority of this Act shall be laid before both Houses of Parliament within twenty-one days after the same have been made, or if Parliament be not then sitting, within twenty-one days after the commencement of the next ensuing session thereof; and, if an address be presented to the Governor by either House of Parliament within the next subsequent twenty-one days on which the mid House shall have sat, praying	that the regulations or any portion thereof may be annulled, thc	Governor shall thereupon annul such regulations or any portion
thereof, as the case may be, and the samt: shall thenceforth become void and of no eflect, but without prejudice to the validity of any proceedings which may in the meantime have been taken under the same.
Return to be laid
before both Houses	27, Within twenty-one days after the giving of any notice of intention to provisionally resume any private land, or to decltlre any private land a goldfield, if Parliament shall then be sitting, or, if Parliament shall not then be sitting, then within twenty-&e days after the commencement of the next session thereof, a return shall
of parliament.
be laid before both Houses of Parliament showing the land proposed
to be resumed or declared a goldfield and the names of the owners thereof.
Provieion where metal

the property of 28, Sa3 e as herein expressly provided, no claim shall be made

the Crown.

for any payment for purchase-money, compensation, rent, royalty, or

otherwise

5 1 ~ & 52' VICTORIAi, No. 448. 11

p. --

Mining on Private Property Act.-l 888.

- - .. -

otherwise, or on account of the exercise of any power conferred on

P*"T In.

the Governor or the Commissioner, and in any case in which any metal or any privat,e land shall be reserved to, or shall be the property of, the Crown, no royalty reserved in respect of such metal will be payable to m y private person under this Act, but the same shall be whollv paid to the Commissioner, and one-half of all rents payable undei Part 11. of this Act shall bc paid to the Commissioner

in any such case, in lieu of the charge therein provided.

29, All provisions of this Act relating to metal shall extend to Provisions of A C ~ to

all metals associated with or containing gold. which i t shall be necessary or proper to remove, or treat, in the ordinary course of mining for gold.

to be mined with the necessary number of men, if, on the area held condition. 30. For the purposes of this Act private land shall be deemed Performance of labor

by any one proprietary, in one block or contiguous blocks, there shall be altogether employed the number of men which would be necessary if the whole of such land were held under mining leases from the Crown.

111 the narnc and on behalf of IIcr Majesty, I hereby assent to

this Bill.

WM. C. E'. ROBINSON, Governor,

5 1 & 5 2 O VICTORIE, No. 448.

Mining on Private Prope~ty Act.-1 888.

--

THE SCHEDULE REFEKRED TO.

HEGULATIONS.

1. Every application to the Commissioncr for the resumption of private land shall

contain the particulars and be in the form A in the Appendix hereto, or to the like

effect, and shall be signed by the applicant.

2. Upon the receipt of any application the Commissioner shall i n ~ t ~ v c t an in-

spector to examine the land mentioned in the application and report as to whether or not, in his opinion, payable reef gold exists therein, and whether or not such land should be resumed for the purpose of mining.

3. The notice required to be given under section 24 of this Act to the occupier of the intended visit of the inspector for the purpose of examining the land and report- ing thereon shall be in the form H in the Appendis hereto.

4. The Commissioner shall, if he intends to provisionally resume such land, give

to thc owner, and also to the occupier thereof, a notice of the report of the inspector, and of such intention, such notice to be in the form C in the Appendix hereto, and shall also furnish such owner and occupier with a copy of thc rcport of tlic i11c;~ector.

5. Mining licences under this Act slrall be issued by the C'ommissioner, and all licerlces issued previously to the provisional resumption of land being rmdc absolute shall, in case of cesser or revocation of such provisional resumption, immediately determine.

6. Every licencee and lessee shall furnish particulars to the satisfaction of the

Commissioner from time to time when required by him, so as to enable him to ascer- tain the amount of royalty payable, and such licencee and lessee shall, if so required by the Commissioncr, verify such particulars by ;L dcclamtion before a Justice of the Teace, and in the event of any licencee or lessee neglecting or refusing to co~nply

with any rcquircmcnt of the Commissioner, of which due notice shall have been given, in which notice a time shall be limited for the performance thereof, he shall be liable to a penalty not exceeding $5 for cvery day during which such neglect or

refusal shall continue after such limited time hall h a ~ e elapsed, and every licencee

and lessee shall, if required by the Commissioner, allow him or any officer whom he

shall from time to time appoint to inspect the books of account and mcrnvranda kept

by the licencee or lessee and take copies thereof or particulars therefrom.

7. If any licencee or lessee fail to perform any condition of his licence or lease, or

to comply x i t h any regulation under this Act, the Commissioner may cancel such

licence or lease.

8. The Commissioner or his agents and workmen may a t all reason:iblo times entcr

into and upon tbc land comprised in any licence or lease, and into and upon any

mines or works that may be found therein, to inspect the same.

9. The foregoing regulations as to the provisional resumption of private land, and for all purposes consequent thereon as provided by this Act, shall apply to

p i ~ a t e land to be declared an alluvial goldfield mutatis nzutandis.

10. The special licences to be issued for mining on private land declared an alluvial goldfield shall be in the form D in the Appendix hereto.

11. If any owner shall elect to receive purchase-money and compensation for his land, under section 17 of this Act, after payment of such purchase-money and corn- pensation as shall be determined, the private land dcscribcd in the proclamation shrill thenceforth belong absolutely to the Crown, and copy of the proclamation ]nay bc registered and deposited in manner provided by section 7 of this Act, in the

cusc of private lands nbfiolutely resumed, PAET

51' & 52' VICTORIA, No. 448. p--F

Icfining wn Private Property Act.-1 888.

12. Every application for a lease under this Act to any owner of private land shall be in the form T', in the Appendix hereto.

13. All private land in respect of which a mining lease s l d l be applied for shall

be in the shape of a rectangular yarallelogran~, the length of the longest side of

which shall not exceed twice the length of the shortest side.

.

14. If any owner to whom an application shall be made for a mining lease shall refuse to grant the same, such owner shall, within two calendar months from the date of the application, signify his rcfusal by delivering or posting a notice to tlic applicant, at the address mentioned in his application: Provided that such owner shall, after the expiration of the time aforesaid, be deemed to have refused to grant

such mining lease if he shall not h a ~ e previously agreed to giant the same.

15. On the refusal incntionccl in the preceding regulation, the applicant may give to the Commissioner a notice of the application llaving been mad^, and of the refusal

by thc omncr. Such noticc shall bc in thc form P in the Appcndix hereto, and upon receipt of the same the ('ommissioner shall proceed to obtain a report from an insuector. as rcuuircd bv this Act.

is. If any o\dner whh sl~all 1~ willing to grant n mining lease in accordance with

the applicatiou made to him vannot agree wlth the applicant as to the terms of the mining lease to he granted, then such lease shall contain all the powers and provisions nlcntioned in the form G in the Appendix hereto, and shall be in such form or to the like effect: Provided that if the land intended to be leased shall be under the pro- visions of the Real Property Act, 1886, then such form shall be altered, so as to conform with the requirements of such Act.

17. The notice of abandonment to be by every applicant for a mining lease

who is diss:ltisfid v i t h the rent nssessed bv the Local C'ourt. or who shall bc unwilling to purchasc any land pursuant to thlortler of the Local Court, shall be in the fonn 11 in the Apl~endix- hereto.

18. If any owner shall refuse to grant a mining lease, or, not having refnserl, shall ncglcct to esccutc such lcasc within scvcn clays nftcr thc same s l d l bc tcndcred to such owner for csccution, thcn thc Master of the Supreme Court, upon being satisfied as to the refusal or neglect by thc owner, shall grant n mining lease in the form G in the iippcndis hereto: Provided that if the land required to be leased shall be under the provisions of the Real Property Act, 1886, then such form shall bo altered so as to conform with the requirements of such Act.

19. All costs and expenbes of and incideutal to the obtaining and granting such

mining lcuse by the Master, may be deducted by the applicant to whom such lease is

granted out of the rcnts and royaltics payablc thcreundcr.

'20. Every wtice required to be given or svrved under this Act, or any regulatibns

thereunder, shall be dccincd to be duly given and served if the same slmll be

posted to or left :it the last known or usual place of abode of such pcrson or persons.	delivered to the person or persons for whom it is intended, or if thc same shall he	21. All rents and royalties reserved in any mining lease of private! land, or payablc in rcspcct of any inctal riii~cd from any such land, may bc recoverable by distress in the same manner as sent in arrear is recoverable under an ordinary demise.
22. Applications to a Judgc of thc Sulmme Court, under section Ga of this Act, bhsll bc made upon summonr;, a copy of which shall bc scrvcd by thc party applying thcrcundcr on the other party at lcast scven clcar clays brfore the day fixcd for thc: hcaring of tlic application, and such surrlrnorls shall bc supported by evidence or1 affidavit to thc satisfaction of the Judge.

23. 1111 rnattcrs which by this Act are to be dctcrmincd by Local Court of Full

Jnrisdiction shall he commenced by an application in writing, intitnlecl " In thc matter of the ' Mining on Private Property Act, 1888,' " and be signed by such applicant or his solicitor. The application shall state in a clear and concise manner the naturc

ancl object thereof, and shall be left at the office of the clerk of the Local Court in

which such application is to be made, with as many copies thereof as persons to be affected by such application. The clerk of such Court shall fix a day for the hearing of thc application and forthwith post to the other party or parties affected by such application a copy thereof, together with a notice of the day fixed for the hearing, which shall be the day when the next Court of Full Jurisdiction shall be held after

the expiration of ten days froin the posting of such notice, and the hearing of such

application shall as r~carly as posbiblc, bc conclucted in the mmc manucr as ordinary

. t r ids in Local C'orurts. 24. Appeals

51" & 52' VICTORIE, No. 448.

Mining on Private Property Act.-1 888.

24. Appeals to the Supreme Court under this Act shall be made and conducted in

the same manner as is provided in case of appeals from Local Courts, under the Local

Courts Act, 1886, and the practice thereunder shall regulate appeals from this Act.

25. The costs of and incidental to all matters and thing^ under this Act $hall be in

the discretion of the Court in which the same shall be heard and determined, and

any costs so awarded by any Court shall be recovered in the same manner as costs in

such Courts are generally recovered.

26. If any person knowingly makes a false declaration concerning any matter or procedure made or done in pursuance of this Act or these regulations such person shall be deemed guilty of perjury.

27. The procedure for the recovery of all penalties under this Act or these regula- tions shall be heard and determined in a summary way under an Act KO. 6 of 1850, or any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all convictions and orders may be enforced as in such Act is or shall be provided.

APPENDIX.

A.

Form of Applicalion to Cummissioner f o r Resumption of Private Land.

;' Mining on Privnte Property Act, 1888."

To the Commissioner

I, A.B., of [address and occupation] do hereby request that all that piece of land being [here insert a full descr+tion of the Zanii] and now in the occupation of [here

insert m n z c of occupier] be resumed for mining purposes, and that a report by an

inspector pursuant to the raid Act be obttaincd.

Dated this day of 18

[Signature of Applicant.]

B.

Notice to Occupier of Visi t of Jnspcctor.

Mining on Private Property Act, 1888."

To, [name and descr@tion of occupier in J'uEl].

I hereby givc you noticc that [name qf' in.spector1 is authorised to cnter upon,

exanline, and report upon the land occupied by you being [insert descr@lion of land

ns in application], and that the day fixed for the examination is the

day of 18

Dated this day of 18

Commissioner.

c.

N(~ticf3 to Owner and Occupier of intended Prouz's~una~ liestlmption.

'' Mining on Private Property Act, 1888."

To jnitnte of' occupier or owner].

I hereby give you notice that [manae of inspector], the in~pector appointed under

this Act to examine and report upon [here iqsert description (9' land as in	application]. has examined the same, and ccrtificd that he is of opinion that payable
(reef gold, or alluvial gold, as the case nzny be) exists on t!x said land, and that such land should be resumed for the purpose of mining, and that i t ia my intention to (provisionally resume the ownership of such land for mining purposes, or declare such land to be an alluvial goldfield, as the case may h).

A copy of the inspcctor'w report is hercwith

Dated this day of 18

Commis~ioner.

n.

VICTORIA;,, No.

Mifiing on Private Property Act.-1 888.

D.

SOUTH [Royal Arms] AUSTRALIA

Mining on Private Property Act, 1888."

No. Date

Special Licence.

A. B., of [addmsa and occupation], is hereby liccnscd for twelve months from thirr date, and no longer, to dig, search for, and remove gold from the land proclaimed on the day of 18 , as an alluvial goldfield, being [here describe the land;.

Fees paid, S1.

Commiseioner.

E.

Form of AppZicationfor Mining Lease.

'' Mining on Private Property Act, 1888."

To [nanrs and clddress of owner]. - -

1,-[name of applicant, add~ess, and occupation], hereby request that you will grant

me, m accordance with the Mining on Private Property Act, 1888, a gold mining [lease of describe particularly the portion of larrd repuived 1, which said piece of land contains [area as nearly as possible]: And I hereby give you notice that I will execute such mining lease upon such terms as shall be agreed upon, or upon the basis mentioned in the said Act and regulations.

Dated this day of 18 .

A. B.

F.

ATotice by Applicant of Refzc~ul o j O u w r to (n'runt I;ect,re.

" Mining on Private Property Act,, 1888."

To the Commissioner.

I, [here state name applicant, address, and occupation], hereby give you notice

that, on the day of, -18 , I applied, in accordance with the Mining on Private Property Act, 1888, to [name and address ofperson to tohorn application is made], for a gold mining lease of [here shortly describe land], and that the said

has refused to grant me such lease; and I hereby request that a report by an inspector, pursuant to the said Act, be obtained.

Dated this day of , l 8 .

[Signalare of Applicant.]

G.

Form, of Lease.

Mining on Private Property Act, 1888."

This Indenture made the day of one thousand

eight hundred and between A.B. of

in the Province of South Australia (who and his heirs executors administrators and

assigns are hereinafter called the lessor) of the one part and C.D., of

in the said province who and his executors administrators and assigns are hereinafter called the lessee) of the other part Witnesseth that in con- sideration of the rent and royalties hereinafter reservcd and made payable and of the covenants conditions and agreements hereinafter contained the lessor cloth demise and leave unto the lessee all that [,'&ere Ltcscriba land with a convetzient right-of-way if' same shall be necessary] for gold mining purposes Together with liberty for the lessee and agents and workmen in and upon the said land to construct races drains dams reservoirs roads and tramways and to dig sink drive make and use all such pits shafts levels watercourses and other works which i t may be necessary to use in finding seeking for winning working and obtaining the gold and gold-bearing minerals therein contained and also to appropriate and use such part of the said lands either underground or on the surface as may be requisite as well for piacing and heaping the waste refuse and rubbish which may be worked therewith from time to time as for washing and obtaining snoh gold and for effectually separating from it all the

substances

51' & 52' VICTORIE, No. 448.

- - -- -

&Iining on Private Property Act.--1888.

substances mixed with i t and for the purposes aforesaid to erect make and employ all such fire stcam water or other engines buildings smelting works furnaces work- men's houses s h o p crushing-mills s h c d ~ or hovels machinery and works as may be proper and reasonable for the purposes aforesaid Excepting to the lessor all mines and minerals whatsoever save gold and gold-bearing minerals with libcrty of ingress egress and regress to and for the lessor and all other persons authorised by with or without horses carts and carriages into over and upon the said lands to dig try search for and work the said mines and minerals and to take such minerals from the said lands and also to do all such other works upon the said lands as shall bc necessary in and about the premises To have and to hold the said land and premises with their appurtenances (except as afaresaid) unto the lessee from the

day of one thousand eight hundred and

for and during the term of twenty-eight (28) jears from thence nest ensuing yielding and paying therefor yearly and every year unto thc lessee a yearly rental of [here state amount nnd mavrter of payment of r e n t ] And also a further sum or royalty of Two Pounds Ten Shillings per centum on thc gross amount of gold to be raised fronl the said land and prcmises and which said sum or royalty shall be payable at the times and in manner hereinafter mentioned And the lessee do hereby covenant with the lessor that the lessee will during the said term pay or cause to be paid to the

lcssor for in case the lease sitall be e.zecu[ed by the iWuster of the $upwme Court qf

the s a i d p r a v i ~ ~ c e to the blaster for the time being of the Saprcme Court of the said province until these presents shall be ratified by the lessor and from and after such ratification to the lessor) the said rent and royalty hereby reserved at the times and in manner herein appointed for payment thereof And also will pay and discharge all taxes rates and outgoings whatsoever to become due in respect of the said premises And will not during the continuance of the said term use the said land for any other purpose than for the purpose of gold mining and other purposes connected therewith And will during the continuance of the said term hereby granted work and carry on such mining operations in n sl~ilful and workmanlike manner and according to the Mining on Private Property Act, 1888, and any rogula- tions made f r o ~ n time to time under the said Act in cwry r e~pec t And will crush

refine wash or otherwise in n mincr-like manner treat and rendcr ~narltctable all gold

and gold bearing minerals therein contained And that it shall be lawful for the lessor

or y e n t s and morkmcn at all reasonable times during the ~ a i d term without

any interruption from the lessee or agents scrvants or workmen to enter into and upon the premises and into and upon any mines or worlis that may be found therein to view and examine the conditions thereof and whether the same be worked in a proper skilful and workmanlike manner and for such purposes to make use of any of the tramways other roads or ways machinery and works belonging to such mines and premises and the lessee shall effectually assist thc lessor

agents servants and workmen in descending any pits and shafts and in enterjng into inspecting and examining tbc said mines and works and in returning to the surface And the lessee shall also properly securc and keep open with timber stone or other durable means the pits and shafts to be sunk or made on the said lands or premises

the protection of all persons and so as to eEectnally prcveut access thereto by all

and make and maintain sufficient walls and fences around all such pits and shafts for

kinds of cattle And that the lessee \\ill not at any time during the continuance of the said term place or leave any waste or dead heaps of refuse or rubbish which may be brought out of the said mines near to any river brook or channel of water whereby such waste or dead heaps refuse or rubbish may reasonably be supposed to be liable to be disturbed or carried away by floods or other natural causes And will a t all times during the continuance of the said term keep and preserve the said land gold mine8 and premises from all unneccssarg injury and damage and all the levels drifts slrafts pits sumps watercourses races drains dams rcser1 oirq roads tramways buildings houses erections sheds washing-places puddles and other conveniences in good order repair and condition and in such state and condition at the end or other sooner determination of the said term deliver peaceable possession thereof And also will during at leaet eleven weeks during every three months of the said term employ and keep elnploycd not less than one man for every two and a-half (23) acres of the land hereby demised in mining upon the said land and in searching for or raising gold and gold-bearing minerals. Provided nevertheless that due allowance shall be made by the lessor for machinery or horses employed at the rate of two men for each horsepower And shall preserve from injury by cattle or otherwise all timber and timber-like trees growing on the said land and premises a11d will not fell cut or destroy thc same without the consent in writing of the lessor for that purpose first had and obtained And also shall at all times during the said term keep or cause to be kept

correct

51' & p* VICTORIE, No. 448.

Mh&g on Private Property A~t.-1888~

correct and proper books of account which shall contain accurate entries of the quantity of gold and gold-bearing minerals raised from the said mines during the said terms and particulars of all sales made in respect of the same for the purpose of ascertaining the royalties payable under these presents And the lessee shall half-

yearly on the day of and the day of

i n each and every year deliver to the lessor or agent correct extracts from the said books of account for the purpose of showing what royalties are payable for the preceding half-year and shall verify such extracts by a declaration before a Justice of the Peacc and shall pay to the lessor the royalties at the rate aforesaid which shall be due up to the da.te of furnishing the extracts aforesaid And in default of such payment the said royalties shall be recoverable in the same manner as rent in arrear Provided that the lessee shall permit the lessor or agent at all reasonable times to inspect the said books of account and take extracts therefrom And it is hereby declared that if the rents and royalties hercby rcserred or any of them or any part or parts thereof shall not be paid at the times and in manner hereinbefore men- tioned for payment thereof the lessor may in cvery such case cnter into and upon the mines and premises hereby dernised or any lands which shall for the time being be possessed or occupied by the lessee for the purposc of these presents and may distrain all or any of the gold gold-bearing minerals horses engines wheels trams whimseys tools implements machines and all other goods and chattels of what nature and kind soever which may bc found in or upon the said land and the same may take lead and drive carry away and impound keep or otherwise demean therein according to law until the rent and royalties which shall then be due and all costs and expenses occasioned by the non-payment thereof and such distress shall be fully paid and satisfied And also that if the rents and royalties hereby reserved or any of them or

any part or parts thereof shall be unpaid for the space of twentyone days next after

any of the days whereon the same ought to be paid as aforesaid whether the same shall have been legally demanded or not or if the lessee shall commit any breach of

the covenants and conditions contained in this lease and on part to be

obaerved and performed or any of them then and in any such case it shall be liwful for the lessor at any time thereafter into and upon the mines and premises hereby derniscd or any part thereof in the name of the whole to re-enter and the same to have again re-possess and enjoy as of former estate And that the lessee shall be at liberty to determine these presents by giving to the lessor or agents three calendar months' notice in writing to expire on any of the days hereinbefore appointed for the payment of the rent hereby reserved of desire or intention so to do and shall also have power to remove all machinery from the said land and premises prior to the expiration of such notice And the lessor covenants with the lessec that the lessee paying the rents and royalties hereby reserved and observing and performing the covenants provisoes, and conditions and restrictions herein con- tained and on part to be obscrvcd and performed shall peaceably and quietly hold and enjoy the mines and premises hereby demised for and during the term

lawfully claiming from or under In witness whereof the said parties to thcse hereby granted without any lawful interruption from or by the lessor or any person presents have hereunto set their hands and scals the day and year firstly before written. Signed sealed and delivered by the lessor

in the presence of

Signed sealed and delivered by the lessee

in the prescnce of

-

11.

ATotice bancl cloning Claim to Leave or Purchase.

'' Mining on Private Property Act, 1888."

T o [name and address of owner].

I, A. B. [address and occu~ationl, hereby givc you notice that I abandon my claim

to (a gold mining lease of, or to purchase, as the case may be) the land referred to in

my application, being [here shortly describe land].

Dated this day of , 18 .

[Signatuw of Applicant. J

-

Adelaide : By authority, H, F. LEADER, Government Printer, North-terrace,

0-44 8.