NT Minerals Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUAGESLMO

SECUNDO

A. D.

No. 445.

An Act to amend the Mineral Laws of the Northcrn

Territory.

[Assentd to, December &h, 1886.1

HEREAS it is expedient to amend '' The Northern Territory Preamble.

W Crown Lands Consolidation Act, 1882," in manner herein-

after provided-Re it therefore Enacted by the Governor of the

Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province in this present Parliament assembled, as follows:

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

Territory Mineral Act, 1888."

2, Part v. of " The Northern Territory Crown Lands Consolida- Bepeal

tion Act, 1882," is hereby repealed: Provided that such appeal shall not affect m y right, claim, penalty, or liability already accrued, incurred, or in existence under the part of the said Act so repealed.

3, In the construction of this Act, except where the subject- Inte~rstotion.

matter or context or other provisions hereof require a different con- struction, the following terms in inverted commas shall have the respective meanings hereby assigned to them, that is to say-

Crown lands " shall mean and include all lands in the Northern

Territory, except-

r. Lands reserved for or dedicated to any public purpose:

~ 4 4 5 11. Lands

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The Northem Territory Mineral Act,-1888.

11. Lands lawfully granted or contracted to be granted

in fee simple by or on behalf of ths Crown:

IIY. Lands subject to any lease with right of purchase or

any lease or licence for mineral purposes law-

fully granted by or on behalf of the Crown:

Gazette " shall mean the South Australian 'Govemmewt Gazefte,

published in Adelaide, or such official gazette published in the Northern Territory, or such newspaper, or publication, published and circulating in the Northern Territory, as shall from time to time be appointed by the Minister by notice in

the 8071th Australian Government Gazette :

'' Block " or '' block of land " shall include two or more pieces

of land, separated from cach other only by a road or roads: Lessee " shall include as well the original lessee of land held under lease from the Crown as any assignee or transferee of such lease, and the devisee, or personal representative of any such lessee, assignee or transferee:

Minister" shall mean the Minister of Xducation for the time being of the said province, or other the Minister for the time being having the control ar management of the Northern Territory, ox such other person or persons as the Governor shall appoint to exercise and carry out, in the Northern Territory, the provisions of this Act:

"Northern Territory " shall mean so much of the Province of South Australia as lies to the northwards of the twenty-sixth parallel of south latitude, and between the one hundred and twenty-ninth and one hundred and thirty-eighth degrees of east longitude, together with the bays and gulfs there situated, and all and every the islands adjacent to any main land within such limits as aforesaid, with their rights, mem-

bers, and appurtenances:

Regulations " shall mcun the regulations for the time being in

force under this Act :

Specific licencea to

search for minerals. 4. The Minister may, on payment of a fee of Twenty Shil-

lings for each licence, grant licences to search for metals and

minerals (except gold) upon any specific Crown lands, not exceeding eighty acres in extent. Every such mineral licence shall be in force for the period of twelve months from the date thereof, and shall, subject to the regulations, authorise the person therein

named, and his assigns, servants, and workmen, during the currency

of the licence, to search and mine the land described therein, and to remove and carry away from such land for sample and analysis ody,

any metals and minerals (except gold), not exceeding one ton.

Licewee to employ 5, Every such licencee shall, during six months of the term of

labor,

the licence, employ and, in manner prescribed by the regulations,

keep employed in searching for metals and minerals upon the land

described

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The Northern Tewitory Mineral Act.--1888.

described in the licence not less than one man for every eighty acres or part of eighty acres of such land, and shall furnish the Minister when- ever required by him or by the regulations with satisfactory evidence that the obligation created by this section is being or has been performed. In default of any licencee complying with this section his licence and all rights thereunder shall be absolutely forfeited.

6. The holder of a mineral licence shall have a preferential right, Licencee to hwre

during the currency of his licence, to a mineral lease of the land	preferential rights to
described in such licence.

7. No person shall hold more than six hundred and forty acres Maximum area.

at any one timc under mineral licences, and no such licence shall include or apply to any lands held or occupied for gold mining purposes.

8. The holder of any mineral licence may remove from any lands, Power to remove

subject to his licence, any minerals and metals (except gold) for	twenty tonu of
sample and analysis only, not exceeding in the whole twenty tons.

9. Leases of Crown lands may be granted for mineral purposes Leases r n q be m t e a

(in blocks not cxcccding eighty acrcs in any one lease), to any for mineral purposes.

person who shall first apply for the same. All applications for

such leases shall be in the form, and shall bc made and dealt with

in the manner prescribed by the rcgulat ions.

10. Every mineral lease shall be for a term not exceeding Term of lease.

ninety-nine years from the thirtieth day of June or the thirty-first day of December, as the case may be, nearest to the date of the application, and shall entitle the lessee during the currency thereof to mine h r and dispose of for his own benefit all metals and minerals upon the leased land except gold, and every such lease shall be in such form, and shall contain such covenants, provisions, and re-

strictions as shall be prescribed by regulations.

11. Every mineral lease shall contain the following covenants Conditions of lease.

by the lessee, that is to say-

I. That he will pay the rent reserved by such lease as and when such rent shall become due:

11. That he will not, without permission in writing from the Minister, use the dcmised land for any other purpose than that of mining and smelting or otherwise winning from the soil and rendering marketable any metals or minerals therein contained and by this Act authorised to

. be removed:

m. That he will expend in every two years during the term a sum equal to at least Six Pounds for each and every acre of the land comprised in such lease, in working the mines on such land, or, at the option of the lessee, that he mill, during nine months in each year during the term, employ

and

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The Northern Territory Mineral Act.-1888.

and keep employed in mining upon such land, and in searching for and raising metals or other minerals therefrom, not less than one man for every twentv acres or portion of twenty acres of the land demised, and that he will furnish the Minister, whenever required by him, with satisfactory evidence that such sum of money has been laid out, or such number of men has been employed, as aforesaid:

rv.

That he will forward the returns required by, and observe all

the provisions of', this part of this Act and of the regula-

tions:

v. That he will permit the occupier of any adjoining pastoml lands to have free access at all times, with or without cattle, sheep, and other livestock, to any surface or other water on the leased land which shall not have been provided by artificial means by the mineral lessec, and that he will permit such occupier to use and enjoy such water for the purposes of consumption by cattle, sheep, and other livestock, and generally for his own benefit, use, and advantage, as he shzll think proper:

VI. Such other covenants and conditions as the Minister shall

think fit:

Every lease so granted shali contain a proviso that the same shall be liable to forfeiture upon breach of any covenant therein contained to be performed by the lessee.

Improvements.	12. Any person making application for n mineral lease of anv lands upon which there are at the time any improvements, shali, previous to such lease being granted, pay into the Land Office at Palmerston a sum to be fixed by the Minister for the value of the
improvements on such lands. '

Rent. 13. The annual rent reserved in every min'eral lease shall be

pound sterling on the net profits obtained from the occupation and	One Shilling per acre, and a further sum equal to Sixpence in the
working of all mines and the sale of all metals and minerals which shall be obtained from the land comprised in such lease, and such rent shall be paid half-yearly at the Treasury in Adelaide, or at the Land Office Palrnerston, on or before the twenty-eighth day of February and the thirty-first day of August in each year under the penalties hereinafter provided.

Returna to be 14, For the purpose of ascertaining the amount of rent so to be

made.

paid, the mineral lessee, or the person having the management of the leased land, shall, within thirty days after the thirtieth day of June and the thirty-first day of December in each year, deliver to the Minister at the Land Office Palmerston, a true return, certifying the amount of gross and net profit which shall have resulted from the

working of the leased land during the six months immediately

preceding auch thirtieth day of June and thirty-first day of December

respectively,

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The Northern Territwy Minerals Act.-1 888..

respectively, or certifj6ng that there has been no profit realised during such six months. Any lessee or other person wilfully making any false return shall be liable for each offence to a, penalty of not less than Fifty Pounds nor more than Five Hundred Pounds. For the purpose 6f verifying such return it shall be lawful for any person appointed by the Minister at any time to inspect and take extracts from all books of account, vouchers, and documents in any way relating to the leased land, or the metals or minerals obtained there- from, and any lessee or other person refusing to allow any person so appointed to make such inspection as aforesaid, or preventing such extracts being taken, shall for each offence forfeit and pay a penalty of not less than Twenty Pounds and not more than One

Hundred Pounds.

15, No person shall hold under mineral lease at one and the Maximum area.

same time more than six hundred and forty acres of land, nor more

than three hundred and twenty acres in contiguous blocks.

16. Every lessee under any mineral lease heretofore granted, who Present lessee may

shall, to the satisfaction of the Minister, have complied with all the ne,le,,,.

surrender and obtuin

terms and conditions of such lease may, within three years from the passing of this Act, in manner and subject to the terms prescribed

by the regulations, surrender such leasc, and in lieu thereof obtain a mineral lease under this Act, for a term not exceeding ninety-

nine years, calculated From the commencement of the term originally

granted by such surrendered lease.

17, The Minister may, subject to the regulations, allow the Minister may allow

lessees of contiguous lands, or lacds separated only by roads, held t $ ~ ~ ~ & ~ ~;	under mineral lease by virtue of this or any other Act to amalga- different persons.
mate their leases, or to surrender the same and obtain one or more mineral leases of the lands included in the surrendered leases, and may allow any lessee to surrender any such lease, and obtain two Mineral 10- maybe
or more leases in lieu thereof, and every mineral lessee may sur- 8um"dBred-
render any mineral lease held by him on giving three months' notice
in writing to the Minister of his intention so to do.
tions, be entitled to a preferential right to and may hold a gold to preferential right mining lease entitled 18, The holder of any mineral lease shall, subject to the regula- Lessee under goia
mining lease or leases of the land comprised in such mineral lease, to mineral lase and
and vGe ~ e r s d. But no holder of a mineral lease shall be entitled ""' urnd.
to a preferential right to hold more than four contiguous gold mining leases, tmd no mineral lease or licence shall be granted for land held under gold mining lease.

19, Upon the surrender (except for the purpose of obtaining a Onaunender m

new lease under section 15 or 16 hereof) or upon the expiration of new expiration lease to of be lease

any mineral lease, a lease of the land comprised therein shall be first offered at auction.

offered for sale by public auction to the highest bidder, cf the time

and p h e of which sale at least one month's notice shall be given

B-44s. in

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The Northern Territory Minerals Act.-1888.

in the Gazette. In case such lease shall not be sold the land may

be dealt with as Crown lands.

Go~rnmentfisident

may execute 1easc.s. 20 All leases and licences granted pursuant to this Act may be

executed by the Government Resident of the Northern Territory in

the name and on behalf of Her Majesty.

Regulations. 21. The Governor may make such regulations as he shall think

fit for fully and effectually carrying out and giving force and effect to the various purposes, provisions, powers, and authorities in this Act contained; and every regulation when published in the Gazette shall have the force of law.

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

this Bill.

WM. C. F. ROBINSON, Governor.

-.

Adelaide : By authority, H. P. LEADEX, Government Printer, North-terrace.