Special Gem Claims (Evidence of Payment of Rates) Act 1973 (Qld)

618 ANNO VICESIMO SECUNDO ELIZAB_ET AE SECUNDAE REGINAE No. 7 0 of 1973 An Act to make provision to more effectively assure the Council of the Shire of Emerald of the payment of rates on land held from the Crown under certain special ge m clai m s and for purposes connected therewith [ASSENTED TO 19TH DECEMBER, 1973] BE IT ENACTED by the Queens Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the sam6 , as follows:- 1. Short title and citation . This Act may be cited as . the Special Gem Claims (Evidence of Payment of Rates) Act 1973. 2. Interpretation , In this Act unless the contrary intention appears- Council " means the Council of the Shire of Emerald constituted under the Local Government Act 1936-1973;

Special Genz Claims (Evidence ofPayment of Pates) Act 1973, No. 70.619 holder " means the holder of a special gem claim that is registered by the Warden under the Mining Act; Mining Act " means the Mining Act1968-1973 and The Mining ,Acts 1898--1967 continued in force by the Mining Act1968-1973; rei7t " means the rent payable under the Mining Act1968-1973 in respect of a special gem claim; " Shire Clerk " means the person duly appointed for the time being to act as clerk of the Council of the Shire of Emerald; special gem claim " means a special gem claim duly registered by the Warden under the Mining Act; " Warden " means the Warden duly appointed under the MiningAct1968-1973, to be Warden of the Clermont Mining District as constituted under that Act. 3. - r, - ti, n of certificate. The holder of a special gem claim shall, when tendering payment of rent in respect of that special gem claim, produce to the Warden together with that rent, a certificate duly issued by the Shire Clerk, certifying that rates owing to the Council on the land that comprises that special gem claim, are not in arrear. 4. ;issue of e< ` The Shire Clerk shall, when requested to do so by the holder of a special gem claim to. which section 3 relates, issue to that holder, a certificate of the type referred to in section 3, where the Shire Clerk is satisfied that the rates referred to in that section are not in arrear. A certificate issued under this section shall remain in force for 14 days from the date of issue and no longer., ept rent, Notwithstanding the Mining Act1968-I973, the Warden shall refuse to accept payment of rent tendered to him in respect of a special gem claim unless a certificate then in force, duly issued under section 4, that relates to that special gem claim is produced to him together with that rent. 6. Where the Warden refuses to accept payment of rent pursuant to section 5, that refusal shall be deemed to be a default made by the holder in tl,e"payment of rent of a special gem claim, and that special gem claim shall without further action in that regard, be

620Special Gem Claims (Evidence ofPayment of Rates) Act 1973, No. 70 forfeited, and thereupon the provisions of the Mining Act1968-1973 shall apply and extend accordingly in relation to that forfeited special gem claim.