National Security (Minerals) Regulations (Cth)

STATUTORY RULES.

1942. No. 109.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this sixth day of March, 1942

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Minerals) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Minerals) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Development.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Controller” means the Controller of Minerals Production appointed under these Regulations;

“minerals” includes metals, the ore of any metal, mineral oils, natural gas, oil shale and all rocks and earthy substances, but does not include coal;

“mineral right” includes a mineral licence, lease, claim, tenement or any right in relation to minerals or mineral areas.

Purposes of Regulations.

4. The purposes of these Regulations are to secure for all purposes in connexion with the present war that there will be adequate production of minerals throughout the Commonwealth, and to that end to set up

 

* Notified in the Commonwealth Gazette on , 1942.

1489.—25/2.3.1942.—Price 3d.

an authority to operate, control and direct the production and supply of minerals and to co-operate with the Department of Mines or similar Department in the respective States, and these Regulations shall be administered accordingly.

Controller of Minerals Production.

5.—(1.) There shall be a Controller of Minerals Production who shall have such powers as are prescribed by these Regulations.

(2.) The Controller shall be appointed by the Minister on such terms and conditions as he thinks fit, and shall not be subject to the Commonwealth Public Service Act 1922-1941.

(3.) The Controller may be paid such allowances as the Minister determines.

Powers of Controller.

6.—(1.) Subject to these Regulations and to any directions given by the Minister, the Controller shall have power, on behalf of the Commonwealth, to operate, control and direct the production and supply of minerals and for that purpose to take such measures, make such orders, give such directions and do such things as he thinks necessary or expedient.

(2.) In particular, but without limiting the generality of the last preceding sub-regulation, the Controller, on behalf of the Commonwealth, and subject to any directions of the Minister, may—.

(a) take possession of any land;

(b) notwithstanding any restriction imposed by any other law or otherwise, use or authorize the use of such land, for, or in connexion with, the production and supply of minerals, either by the Commonwealth or by any other person, to such extent, in such manner and on such terms as he thinks fit;

(c) grant financial assistance on such terms as he thinks fit to any person or authority for or in connexion with the production or supply minerals;

(d) acquire by purchase any goods, chattels or things in action for or in connexion with the production and supply of minerals;

(e) Compulsorily acquire the property in, or requisition the use of, any machinery, equipment or plant (whether as a fixture or otherwise) and any other appliance or apparatus for or in connexion with the production and supply of minerals;

(f) make contracts or agreements for or in connexion with the production and supply of minerals, and vary such contracts or agreements (including existing contracts or agreements) ;

(g) employ such persons as are necessary in connexion with the production and supply of minerals for such period and on such terms and conditions as the Minister approves; and

(h) sell or otherwise dispose of or turn to account or write off property held in connexion with the supply and production of minerals.

(3.) Any exercise of power by the Controller may be general or confined to any mine, locality or State or to any person or class of persons.

(4.) Such compensation shall be payable for any damage or loss sustained by any person by reason of the exercise of powers by the Controller under this regulation as is determined by agreement between that person and the Controller or, in the absence of agreement, by action by the claimant against the Minister in any court of competent jurisdiction.

Arrangements for co-operation of State officers.

7. For the purposes of these Regulations, the Controller may arrange with the Minister charged with the administration of mining and minerals or other Minister in any State for the co-operation of the mining officers of the State.

Suspension of mineral rights.

8. Where possession, use or control of any land in respect of which a mineral right has been issued by a State to any person is taken by the Controller under these Regulations, that mineral right shall be suspended by force of these Regulations during the period of possession, use or control of the land by the Controller.

Delegation by Controller.

9.—(1.) The Controller may by writing under his hand delegate all or any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

(2.) Every delegation under this Regulation shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Controller.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.