NT Gold Mining Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-

GESIMO NON0

A.D. 1895.

No. 628.

An Act to amend "The Northern Territory Gold Mining

Act, 1873," the Gold Mining Act Amendment

Act of 1886, and for other purposes.

[Asse?zkd to, December 2 0 4 1895.1

HERESS it is expedient to amend the laws relating to gold Preamble.

by the Governor of the Province of South Australia, with the

W mining in the Northern Territory-Be it therefore Enacted

ad~ ice and consent of thc Legislative Council and House of

Assembly, in this present Parliament assembled, as follows:

is hereby amended hy striking out the words '' under section 10 of 1, Section 1 of "The Gold Mining Act Amendment Act, 1886," p;;f;;;i;f;;;F

' The Gold Mining Act, 1885,' "

2, Section7 of the Gold Mining Act Amendment Act of 1886 f;~\&~f;h~;+ 7,

is hereby repealed.

3, This Act shall be incorporated and read together with The Incorporation.

Northern Territory Gold Mining Act, 1873," and the Gold Mining Act Amendment Act of 1886, except so far as inconsistent there- with.

4, This Act may be cited for all purposes as The Northern Short title.

Territory Gold Mining Amendment Act, 1895."

Government Gazette, to proclaim any portion of Crown lands to be a fields. 5, I t shall be lawful for the Governor, by Proclamation in the proolamation of gold-

goldfield.

6 28 6. Such

2 58" & 59' VICTORIE, No. 628.

The Northern Territory GoM Mining Amendment Act.--1895.

DbdcriptiOn of @-

fields. 6. Such Proclamation shall describe by name and boundarie S every goldfield proclaimed, and such Proclamation may from time to time be altered or cancelled by the Governor in like manner.

~ o l d f i e l d s ~ u b j e c t ~	7.	Every goldfield so proclaimed	may be	mined	in, used,	and
this Ad and regula-

tions. occupied - according to the provisions of this Act and the regulations

thereunder.

~ ~ ~ v s o n a l ~ + ~ ~ l - -

tion of goldfields to 8+ Whensoever the discovery of payablc gold on Crown lands

shall have been reported in writing under the hand of and signed

,, ~ t dhcov9.

(or if such person shall be unable to write, bp a writing attested by some Justice of the Peace, or wmden) by the person claiming to have made such discovery to the warden of the goldfields nearest the situation of such discovery, or to the Minister in charge of gold- fields, the notification of such discovery by such warden posted outside his office, or by such Minister in the Government Gazette, shall operate to proclaim the portion or portions of Crown lands to be a goldfield within the meaning and for the purposes of this Act, which shall be contained in a square the boundary lines of which shall be directed to the cardinal points, and the central point in each boun- dary line whereof shall be distant half a mile from such place of dis- covery. And such notification as aforcsaid shall have the effect of a provisional Proclamation of the Crown lands within such area as a goldfield, to be in forcc until the samc or any enlarged or diminished area shall be proclaimed under the provisions of this Act.

ProviaionalProclama- 9. NO notification under the last section shall be posted until the

tion may be cancelled.

warden or Minister shall have satisfied himself that payable gold has been actually discovered on such land. And such notification shall refer back to and operate from the day upon which the said discovery shall have been so reported, as aforesaid: Provided that if the warden of the mining district to whom such discovery as aforesaid shall have been reported, or if any officer authorised in that behalf

by such Minister shall, at any time during the continuance of such

provisional Proclamation, report to such Minister that the alleged discovery of payable gold does not, in his opinion, warrant the pro- clamation as a goldfield of the said area, then i t shall be lawful for

such Minister, by notice in the Government Gazette, to revoke and

cancel the provisional Proclamation of such area.

Currency of mine f~ 10, Every miner's right issued after the coming into operation of

right.

this Act shall be current and remain in force: for twelve months

from the date of issue,

Penalty for unlaw-

11. If any person, not holding a miner's right, licence, or lease under this Act, shall mine for gold on Crown lands, whether on his own behalf or on behalf of any other person, whether or not the lawful possessor of any claim, or as partner with any such person, he shall be liable, on conviction, to pay for each such offence a penalty hot exceeding One Found for every day he shall so mine; and the burden of proving that he is the holder of a miner's right, licence, or lease shall rest upon him. 12. I t

fully mining.

58" & 59" VICTORIW, No. 628.

The Northern Territory Gold Mining Amendment Act.-1 896. -

12, I t shall be lawful for the Government Resident to grant a Renewal o f l m w

renewal of any gold mining lease issued under the prov&ionions of

The Northern Territory Gold Mining Act, 1873," for a further

term of twenty-one years, upon the expiration of such lease, subject

to such terms and conditions as may be prescribed by regulations

made in pursuance of clause 49 of the said Act: Provided that all

such regulations shall be laid before both Houses of Parliament for

thirty days, and thereafter, if not disallowed by resolution of either

House, shall be published in the Government Gazette, and on such

publication, but not previously, shsU have the force of law.

13, No gold mining lease shall be granted to any Asiatic alien, Gold mining leases not to be granted to

arid no such Asiatic alien shall hereafter be entitled to acquire or Asiatic &liena.

hold any such gold mining lease, or any interest therein: Provided

that this section shall not affcct any lease granted before the passing

of this Act to any Asiatic alien.

14. Any miner giving notice to the warden of a goldfield that a lease Miner.&% hable to notice for-

lease is not being worked in accordance with the conditions of such feiture * have

leasc, and applying for the forfeiture thereof, shall, in the event pmferent right-

of such lease or application being forfeited. have a preferent right

for seven clear working days after such forfeiture to take possession

of the ground so forfeited, or any portion thereof, as a claim, or to

apply for the same as a lease,

15, Each application for forfeiture of a lease shall be heard by podeiture of leaserr.

the warden in open court, and the evidence taken at the hearing, together with his report recommending the approval of the for- feiturc! or otherwise (which report shall be read in open court to the parties concerned), shall be forwarded to the Government Resident for his decision immediately after the hearing of the case.

16. Section 28 of "The Northern Territory Gold Mining Act, Deep sinkina d l u ~ ~ claims and quartz

1873," is hereby repealed, and in lieu thereof the following shall ,hims to be held

be and may be cited as the twenty-eighth section of The Northern unaermher'8righb

Territory Gold Mining Act, 1873," that is to say-Alluvial claims, from year to year.

the proper working whereof will necessitate deep sinking, and quartz claims, may be held from year to year by virtue of a miner's right, subject, nevertheless, to the performance and observance of the pro- visions of " The Northern Territory Gold Mining Act, 1873," and the regulations thereunder; and the powers, rights, and privileges vested in and conferred upon the holders of such miners' rights shall be exercised and enjoyed in respect of such last-mentioned alluvial and quartz claims respectively: Provided that the ownes of any such claim shall obtain the renewal thereof before thc expiration of the first and each succeeding year by application to the warden and payment of the registration fee provided for by the said Act and the regulations thereunder.

17. Clause

9. 58" & 5 9 O VICTORIE, No. 628.

The Northern Territory Gold Mining Amendment Act.-1895.

Amendment of section

37 d Northern Ter-	17. Clause 37 of ' L The Northern Territory Gold Mining Act,
ri tory Gold Mining

Act, 1878.	1873," is hereby amended by the insertion of the following words
before the word '"lease " in the third line:-" Xenewal of the rcgistra-
tion of such claim, or for a."
Exemption from

working conditions of 18. It shall be lawful for the warden of any gold mining

ham. district to grant exemption from the working conditions of any gold mining lease for a period not exceeding six months, upon such con- ditions as to bailing and protection of workings as he may deem necessary.

Exemption only to be 19. No exemption from the working conditions of any gold

W t e d if leeee been

previouslp worked.	mining lease shall be granted by any wardcn unless it is proved to his satihfaction that there is good and sufficient reason for such exemption, and that such lease has been continuously worked with
the necessary labor for the six months immediately preceding the
application for such exemption.
Mode of application

for exemption. 20, Every application for cxemp tion of the labor conditions on

a gold mining lease shall be made to the warden thirty days prior

to the hearing thereof, and a copy of such application shall be posted in a conspicuous place on the leased land and outside the warden's oEcc.

o p ~ i t i o n t o a ~ p l i -	21.	Every application for	exemption	shall be	heard by the
aatiou for exemption.

warden in open court, and may be opposed by any holder of a

miner's right.

I n the name and on behalf of Her Majesty, 1 hereby assent to

this Bill,

T. FOWF,T,I, BUXTON, Governor.

p" -.

-

Adelaide : By authority, C. E. BRIBTOW, Government Printer, North-terrace.