The Mining Act 63 and 64 Vic, Amendment Act 1900 (SA)

ANNO SEXAGESIMO TERTlO 'l' SHXAGESIMO

QUARTO

A.D. 1900.

An Act to amend " The Miniog Act, 1893."

[Assented to, Decetnber 5 f h, 1900.1

E it Hnacted by the Governor, with the advice and consent of

B the Parliament of South Australia, as follows:

1, This Act may be cited as " The Mining Act Amendment Act, short title and inoor-

19d1," and shall be incorporated with "The &Mining Act, 1893,	9, poratioa.
hereinafter called the principal Act.

2. The holder of any miscellaneous lease f o r the collecting, pro- Surrender of a d t

751

curing, or manufacture of salt or gypsum, heretofore granted under

The Crown Lands Act, 1888," may cxccute a surrender of such

lease in the form in the First Schedule hereto, or to the like effect,

and lodge the same, together with the lease, at the office of the Com-

missio ner of Crown Lands.

3. The Governor may, if s~ttisfied of the due pel-formance and G-t of new lease

observance of the covenants and conditions of the lease comprised under Mining A C ~.

in any such surrender, accept such surrender, and shall thereupon grant to the person surrendering such lease a lease of all or any portion of the lands cornpriscd in such surrendered lease under section 63,

sub-section I ., of the principal Act:

4. Any leasc granted pursuant to this Act may include the whole h of leme.

or any portion of the land comprised in the surrendered lease, anything to the contrary in the principal Act or the regulations thereunder notwithstanding.

5. No

6 3 O Sr 64' VICTOKIAi, No. 751.

The Mining Act Amedment Act. -1900.

.operatemtil accepted. surrender of the lease therein described until such surrender has Sunrwder not to 5, No surrender executed under this Act shall operate as a

been accepted by the Governor and the terms of the new lease have

been accepted by the lessee.

&NI& Ecmm. 6. The Minister may grant licences to search on any specific

mineral lands not exceeding five square miles in area for any of the

following minerals, namely-

(a) Precious stones:

( b ) Mineral phosphates:

(c) Oil:

( d ) Rare metals, minerals, and earths, the mining for which,

in the opinion of the Minister, has not been proved

payable in any instance in any portion of the colony.

Fee.

7, A fee of Twenty Shillings for each square mile or portion

thereof included i n any liccnce under this Act, shall be paid by the

licencee to the Minister befare the issue of the licence.

M h u m area. 8, No perso11 shall directly or indirectly hold more than five

square miles of land at one time under licence under this Act.

.Exemption. Q, Lands held under miner's right or mining leasc shall be

exempt from the operation of licences under this Act.

Provisionsof licence. 10. Licences under this Act may be in thc form in the Second Schedule hereto, and shall be in force for twelve months from the date thereof, and shall, subject to the regulations, authorise the licencee, his assigns, servants, and workmen-

I. To search and mine the land comprised in the licence for

precious stones, mineral phosphates, oil, metals, minerals,

or eart,hs, as the case may be:

rr. To remove any material from the said land, not exceeding

twenty tons in the whole, for test.ing purposes only.

Buties of licencee, 11, Every licencee under this Act shall-

I. Employ and keep employed during six months at least of the term of the licence in searching for precious stones, mineral phosphates, oil, metals, minerals, or earths, on the land comprised in the licence not less than one man tbr every six hundred and forty acres, or portion thereof,

of land comprisetl in the said licence:

Ir. Furnish the Minister, whenever required by him or by the

regulations, rvi t h satisfact,ory evidence of compliance with

the provision s of this section:

111. Report to the Minister forthwith after the discovery in pay-

able quantities of pimious stones, mineral phosphates, oil,

or any metal or mineral or earth: And

63O & 64' VICTORIE, No. 751.

The Mining Act Amendment Act.- 1900.

And if any licencee shall make default in complying with the pro- visions of this section his licence shall be forfeited.

12. Every licencee under this Act shall, during the currency of R e f e m a ~ g h t -

the licence, have a preferential right-

(a) In case of a licence to search for precious stones, metals,

minerals, or earths, to a mineral lease not exceeding forty

acres of any part of the land comprised in the licence:

( b ) In case of a licence to search for mineral phosphates, to a

mineral lease not exceeding one hundred acres of any part

of the land comprised in the licence:

(c) In case of a licence to search for oil, to an oil lease of not exceeding six hundred and forty acres of any part of the land comprised in the licence.

Upon the preferential light being exercised the licence shall at once cease and determine, and shall be returned by the licencee to the Minister.

holding miners' rights from prospecting for gold, silver, l~atf, or to prospect for gold. 13, No licence under this Act shall operate to prevent persons Reservation of right

copper on the lands comprised in the licence, or from acquiring thereon claims or leases for mining for such last-mentioned metals.

14, Every coal or oil lease under Part I1 L, Division VI., of the Royalty.

principal Act, and every miscellaneous lease for the manufacture or obtaining of salt or gypsum, or for the working of mineral springs under Part III., Division VlI., of the principal Act, shall, in addi- tion to the annual rent, reserve a further sum equal to Six Pence in the Pound sterling on the net profits obtained from the occupation and working of thc lands comprised in the lease and the sale of the coal, oil, salt, gypsum, or mineral waters obtained therefmrn, as the case may be. This section shall apply only to leascs issued after

the passing of this Act.

15, The Governor may, in addition to the powers conferred on Regulations.

h im by the Mining Act of 1893, make regulations for prescribing

the labor and other conditions on which leases shall be granted

under section 3 of this i4ct, and the terms of forfeiture.

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

this Bill.

TENNYSON, Governor.

SCH EDU I, ES

4 63' & 64O VICTORIK, No. 751.

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The Mindng Act Amendment Act - 1900.

SCHEDULES.

THE FIRST SCHEDULE.

" The Mining Act Amendment Act, 1900."

Form of Surrender.

I for we) pnsert name i n f u l l, address, and occupation of leasee], being the lessee

under The Crown Lands Act, 1888," of the lands, being [describe lands], comprised in miscellaneous lease [describe leaxs suj'iciently to identzfy i t ], do hereby surrender the said lease and the lands compris ad therein and all my right and title thereunder and thereto unto Her Majesty the Queen and Her successors, in exchange for a leasc of the said lands to be granted to me / o r us) under the provisions of section 63, sub-section I. of '* The Mining Act. 1893," which I for we) agree to accept and

execute.

As witness my for our) hand and seal the	day of	19	.
(SEAL)

[Signature of lessee.]

Signed, sealed, and delivered in the presence of

In the name andsn behalf of Her Majesty I accept the above-written surrender.

Dated the . day of 19 .

, Governor.

THE SECOND SCHEDULE.

South [Royal Arms.] Australia.

FORM OF LICENCE TO SEAECH

FOR [set out precious stones, minernl phosphates, or

otl, as the case may b e ].

Pursuant to " The Mining Act Amendment Act, 1900," J hereby grant to [set out

name in jid, address, and occupation o f the lice,rcee] licence and authority to search

and mine the mineral lands, being [describe land suficient2.u to idetrtify i t], containing

[set out area o f land in square miles or acres], for [set out precious stones, mineral phosphales, or oil, as the case may he], subject to the provisions of the said Act and

the Mining Regulations for the time being in force, so far as the same are applicable. This licence is to remain in force for twelve calendar months from the date hereof, unless forfeited or determined in the meantime.

Dated the day of , l 9 .

, Minister of Mines.

Fee, , paid.

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Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace.