Mining or Private Property Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-

GESIMO NON0

VICTORIE REGIN&.

A. D. 1895.

No. 626.

A n Act to amend the " Mining on Private Property

Act, 1888," and for other purposes.

[Assented to, D8~ettZ k v zoth, 1895.1

E it Enacted by the Governor of the Province of South Aus-

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, This Act may be cited as the "Mining on Private Property ~horttitleandincor-

Act Amendment Act, 1895," and shall be incorporated with the pomtionn.

inserted to follow after the word c ' land " in the third line of the said 1888. Arbitration Act of 1891." 5. Section section, " at a price to be fixed in the manner provided by thc

Mining on Private Property Act, 1888," hereinafter called the said

Act.

2. The word '' metal" in the said Act shall, in addition to gold, I nterpretation of the

mean and include all other metals and minerals, and the word frowner."	words metal " and
owner" shall include the owner of the metals in any land as well as the owner of the fee-simple thereof, and all words relating to the ownership of any private land shall extend also to the ownership of
any metals therein.

3, The whole of sections 7 and 29, and the words and unless Repeal.

in the event of the owner being dissatisfied with such certificate

the same shall be confirmed by a mining expert appointed as hereinafter mentioned" in sub-division 11. of section 6, and the last four lines of section 22 of the said Act, are hereby repealed.

4. In section 24 of the said Act the following words shall be b e ~ ~ ~ ~ ~ t o f s o o t i o n 24 of A C ~ 448 of

2 58" & 59' VICTORIW, No. 626.

Mining on Private Proper@ Act Amendment Act.-1 8%.

W ~ e a l o f section 19

of Act 448 of 1888.	5. Section 19 of the said Act is hereby repealed.
Aot to extmd within	6, The provisions of the said Act shd l extend to lands not within
two hundred yards of

$c,, and two two hundred yards of any well, artificial reservoir, dam, or building

hmdredyardsof

dwelling-house.	(not being a dwelling-house), and not within two hundred yards of
any dwelling-house or manuf actory.

Reduotion of time	7.	The times. prescribed by the said Act in the sections and sub-
when land may be

p r o ~ i, o ~ y r e ~ u r n e a,	divisions hereunder referred to shall be altered, as follows :-
or declared an alluvial

goldfield, from aix	I, I n sub-division 11. of	section 6 the six calendar months'
montha to one month.

previous notice to be given by the Commissioner to the owner, and also to the &cupierW of the land of the certifi- cate of the Inspector, and of the intention to proceed pursuant to Part I. of the said Act, is reduced to two calendar months' previous notice:

11. I n sub-division 111. of section 6 the six calendar months from

the giving of the above-mentioned notice after the expira- tion of which i t may be shown to the satisfaction of the Commissioner that the land is being continuously and bond Jide mined with the number of men and in the manner which would be necessary if the said land were held under a mining lease from the Crown, is reduced to two calendar months:

11 r. I n section 17 the six calendar months' notice to the owner and occupier of the land after thc giving of which the Governor may, by Proclamation to be published in the Government Gazette, declare that any private land shall be an alluvial. goldfield is reduced to two calendar months' notice:

iv. Proviso I. of the sub-section to section 17 of the said Act is

amended by striking out all the words from the beginning

down to and including " but " in the fifth line of the said

proviso:

v. Proviso 11. of the said section l 7 is amended by striking out the words 16for one year from the date thereof" in the third and fourth lines of the said proviso, and inserting, in lieu thereof, "until the field shall cease to bc a goldfield,

or is resumed ":

VT. Proviso 11. of section 17 is amended by striking out all the

words after the word Pound" in the said proviso.

Reduction of fee for 8,

The fee for a special licence shall be reduced to Ten Shillings, but the whole anlount received for special licences in respect of any land declared an alluvial goldfield shall, less a commission of Two Pounds Ten Shillings per centum thereon to be retained by the Commissioner, be paid to the person entitled to the same in the same manner as the rent of clain~s under section 18 of the said Act.

special licence.

Q* Every

58" & 5g0 VICTORIZ, No. 626.

m i n g on Private Properly Act Amendment Act.-1895.

compelled to register his claim, within a time to be fixed by regula- gktered. 9, Every miner, when pegging out an alluvial claim, shall be Cltrim tobe m-

tion thereafter, with the Warden, and to keep posted on a peg fired on the said claim the number thereof, and shall give to the Warden in writing his name and usual place of abode. Every miner failing to comply with this section shall render his claim liable to forfeituxe.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. FOWELL BUXTON, Governor.

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Adelaide: By authorit?, C, E. BRIBTOW, Government Printer, North-tertace,