The Mining on Private Property Act 1909 (SA)

A.D. 1909.

No. 992.

An Act to consolidate and amend the Law relating to

Mining on Private Property, and for other purposes.

[Assented to, December ~ ~ t h, 1909.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

PART I.

PRELIlLl INARY.

1. This ~ c t may be cited as " The Mining on Private Property Short title.

Act, 1909."

A-992

2, This Act is divided into Parts, as follows :- Divieion of ~ c t.

PART I.- Preliminary:

PART 11.-Resumption of Private Lands for Mining

Purposes:

PART I I r .--Proclamation of Private Land as Alluvial Field:

PART 1v.-Entry upon and Pegging out Private Land:

PART V .--Compulsory Mining Leases:

3.. In this Act, and in regulations made and leases and licences Inte~mtation.

granted or obtained under this Act, unless inconsistent with che *,l r4t, Isas, ,.

context or the subject matter- altered.

Claim " means any area held under a miner's right or a mining Aot 626, 1896, a. 2.

licence: " Inspector "

g" EDWARDI VII, No. 992. --

The Mining on Private Property Ad.-1909.

PART	I.	Justice " means a Justice of the Peace for the said State:
Inspector " m a n s an inspector appointed under this Act: Miner's right " means a miner's right under the Mining Act

or regulations under that Act:

Mining " or to mine " includes all modes of prospecting and

mining for obtaining and making merchantable any metal, or any substance containing metal, or of extracting the metal from any such substance:

Mining Act" means " The Mining Act, 1993," and any Act amending that Act, or any Act substituted for that Act, and any Act amending such substituted Act:

b 6 Mining licence " means u mining licence granted under this Act

"Mining Registrar " means the Mining Registrar appointed

under the Mining Act :

Minister " means the Minister of Mines constituted by The

Mining Act, 1893 ":

a Owner " includes :-

The owner of land for an estate in fee simple a t law or

in equity; and

'l'he owner of the metals in or under land; and

A mortgagee or a lessee of land; and

All parties who, being seized or possessed of and for the

time being entitled to the receipt of the rents and profits of any private land or any estate or interest therein, are under a disability to sell and convey the same;

and all words relating to the ownership of atiy private land	shall extend also to the ownership of any metals therein or
thereunder:

Prescribed " means prescribed by regulation set out in the

Second Schedule or made under this Act:

- 4 Private land" means any land not being Crown lands within

Act d30, 1903.

the meaning of b6The Crown Lands Act, 1903," or of any

Act substituted for that Act:

Act 380, 1886. "Real Property Act" means "The Real Property Act, 1886," and any Act amending that Act, or any Act substituted for that Act, and any Act amending such substituted Act:

Regulation " means regulation set out in the Second Schedule

or made under this Act:

This Act " includes regulations set out in the Second Schedule

and regulations made under this Act: Warden "

go EDWARDI VII, No. 992.

The Mining as P&& Propdy A d. - l W.

Warden " means a warden appointed under the Mining Act. PART 1.

4. (1) Tile Acts mentioned in the First Schedule are hereby ~ ~ - 1.

repealed.

(2) Such repeal shall not affect any power conferred, dray im- posed, right granted or accrued, interest created, liability forfeiture or penalty incurred, offence committed, or any thing done or omitted to be done, by or under the said Acts, or any of them, or any legal or other proceedings already commenced or hereafter to be com- menced with respect to any of such matters or things.

(3) All such matters and things are, so far as is consistent with this Act, lwrehy preserved and continued and declared to be of the same force and effect its if the said enactment9 were still in force, or as if they were made or done under this Act, as the case map require.

5.	The provisions of this Act shall not apply to-	Limitation of ~ c t.
A C ~ 448, 1888, 8. 3.

I. Any garden, orchard, or vineyard; or

Act 626, 1896, B. 6.

11. Any church, chapel, schooIhouse, college, hospital, or asylum, or any grounds enclosing the same and occupied there- with; or

111. Any park lands or ornamental or recreation grounds vested

in any Municipal Corporation or District Council, or in

any other public body or tmstees; or

IV. Any land of less area than half an acre within any city, town, or township; or

v. Any land within two hundred yards of any artificial well, res?rvoir, or dam, or of any dwelling-house, factory, or building: Provided such well, reservoir, dam, dwelling- house, factory, or building is not of less value than Fifty

Pounds.

6. " The Lynds Clauses Consolidation Act," and all Acts amending Iocorporntion of

or substituted for that Act, are hereby incorpolated with this Ace, solidation Lands Clauses Con-

and for all the purposes of " The Lands Clauses Consolidation Act," Ad 08, i88R,

and of the Acts amending that Act or any Act substituted for that Act, the Minister shall be deemed to be the promoter of the under- taking, and the undertaking shall be deemed to be the exercise of the powers conferred on the Governor and the Minister by this Act.

Ac quieition of right to

7, A right to mine on private land may be acquired- mine on pnvate land.

I. By the resumption of private land: Ibid., B. 6.

r l By the proclamation of private land as an alluvial field:

1x1. By compulsory mining lease.

PART

go EDWARDI 1 No. 992.

The Miflirsg on PriixUe Property Ad.-1909.

PART 11.

RESUMPTION OF PRIVATE LANDS.

Private land may be

provirionnlly 8, The Governor may, on behalf of the Crown, after giving

resumed.	two months' notice in writing to the owner and to the occupier
Ibid., s. 6.	~f any private land, by Proclamation published in the Government
Aot 626, 1895,	Gazette, provisionally resume the ownership of such private land for
m. 3 and 6.	mining purposes. Upon the publication of such Proclamation such provisional resumption shall take effect: Provided that no such Proclamation shall be made without the consent of the owner, unless-

I. A written application has been made to the Minister request- ing that the land be so resumed, and an inspector has certified in writing to the Minister that he has examined such land, and that he is of opinion that payable reef metal exists therein, and is of opinion that such land should be resumed for the purpose of mining;

I I. Two months' previous notice, to be given in the prescribed

form and manner, has been given by the Minister to the owner and also to the occupier of such land of the certifi- cate of the inspector, and of the intention to proceed pursuant to this Part; and

nr. There is a failure to show to the satisfaction of the Minister that, after the expiration of two calendar months from the giving of t2he said notice, the said land is being con- tinuously and bond jide mined with the number of men and in the manner which would be necessary if the said land were held under a mining lease from the Crown.

Provisional resump-	9. (1) Within six months after the publication of any Pro-
tion may be made

absolute.

clamation of provisional resumption, the Governor, subject to the

Act 418, 1888, a. 8.

provisions of this Act, may publish i n the -Government Guzette a

further Proclamation, either revoking such provisional resumption or m a k i n ~ such resumptiun absolute. Such further Proclamation

may apply to the whol; of the land provisionally resumed or to any

part thereof.

(2) Upon the publication of such further Proclamation the private land described therein, in respect of which such resumption is made absolute, shall thenceforth belong absolutely to the Crown, and be Crown lands, and shall be dealt with accordingly.

(3) A copy of such further Proclamation shall, if such land is not under the provisions of the Real Property Act, be registered and deposited in the General Registry Office; and if such land is under the provisions of the Real Property Act, then, notwithstanding the provieions of such Act, the Registrar-General, on receipt of a copy of such further Proclamation, shall enter a memorial thereof and of the effect thereof, on the folio of the register-book in the Lands Titles Registration Office evidencing the title to such land, and on all instruments of title affected by such Proclamation and entry.

10. If

go EDWARDI VII. No. 992.

lPhe Mining on Private Property Ad.-1909. - - -- - -

10. If any provisional resumption 'is made absolute, payment ~'ABT 11-

shall be made by the Minister by way of purchase-money for the P-~W on a k i u t e

land resumed, and also compenaation for the.resumption and the msum~tiOn.

damage thereby occasioned, as if such land had been acquired by the Ibid.,	9-
Minister under the powers of compulsory purchase contained in "The Lands Clauses Consolidation Act " and the Acts amending the same or substituted therefor.

11, In assessing the amoun t of purchase-money and compensation ~ ~ t s i not to be

and damage payable under this Part no allowance shall be made for ~ ~ ~ ~ & b s e -

any metal removed from any private land after any provisional re- money or

sumption thereof, nor for any metal known or supposed to be thereon	e O m ~ n m t i O n ~
or thereunder.	Ibid., S. 16.

12. Interest at the rate of Five Pounds per centum per annum, Interest on purchsae-

estimated from the date of the provisional resumption until the

date of the absolute resumption, shall be allowed on and added to Ibid., 8-10, altered.

the purchase-money mentioned in section 10, and shall be paid

therewith.

13. During the period of the provisional resumption of any Effect of prwiaional

private land such private land may be dealt with for n~ining pur- mumptiOn-

poses, subject to the following provisions :- Ibid., a. 11.

I. The licensee under any mining licence which may be granted of any such land shall pay to the Minister, at intervals to be specified in the Licence, a royalty of Two Pounds and Ten Shillings per centum on the gross money value of all metal obtained therefrom:

I r. Every such licence shall be issued subject to conditions that .

the licensee shall-

(a) Take all proper precautions for the protection of

man and beast, the preservation of timber, and

the prevention of fires;

(b) Do no unnecessary damage to the land;

(c) Crush, refine, wash, or otherwise in a miner-like

manner treat and render marketable all metal

obtained from the land; and

( d ) Keep proper accounts for inspection, containing all

information necessary to enable the amount of

royalty payable to be determined.

i lr. Eveiy such licence shall also be subject to all such other

provisions aa the Minister thinks desirable, or as are pre- scribed, and in particular, any such licence may contain a right of renewal or to a lease, to be exercisable in the event of the provisional resumption being made absolute:

IV. Every person who applies for a mining licence in respect

of such land shall, at the time of making such appl&

cation, pay to the Minister such Bum as the Minister

deems

6 go EDWARDI VII, No. 992.

deems to he sufficient to pay the compensation which will be payable by the Minister in the event of the provisional resumption of such land not being made absidute.

v. On proof to the Minister of a breach by any licensee of any of the above-mentioned conditions, the Minister may forfeit

his licence.

Cesserof provisional 14. At the end of six months after the publication of any

resumption. Proclamation of provisional resumption such risumptioli shall cease

Ibid., S. 12. so far as the same has not previously been made absolute.

Cornpeneation on	15. ( a ) On the cesser or revocation of any provisional resumption
ceaaer or revocation

of provieional	of any land payment shall be made by the Minister to the owrler
resumption.	thereof by way oi compensation for the loss and damage sustained
Ibid., M. 10 and	by him by reason of such provisional resumption and by the exercise
13, altered.	of the powers of the Minister during the period thereof:

( b ) Every dispute as to the amount of such compnsation shall be

heard and determined i n a summary way by a Special Magistrate or

by a Special Magistrate and two Justices:

(c) Tn estimating the amount of such compensation no account shall be taken of the value of any metal removed from the land during the period of such provisional resumption, or known or sup- posed to be thereon or thereunder:

(d) The amount of any compensation paid by the Minister pur- suant to this section, together with the costs and expensesincidental thereto, and of estimating and recovering the same, shall be deemed a debt due to the Minister by the person who applied to have the land resumed, and shall be recoverable accordhgly.

Terms of leaemafter

absolute rerumption, private land absolutely resumed shall be subject to the provisions 16. Every mining lease or lieence granted in respect of any

Ibid., 8. 14.

contained in subdivisions I., rr. , and 111. of' section 13, as tu mining

licences granted during the period of provisional resumption.

~ i v i e; o ~ o f m y a l ~ i e e. 17. All royalties required to be reserved by this Part, and

Ibid., B. 16. received by the Minister in respect of mining on private land, either provisionally or absolutely resumed, shall, after deduction by the Minister of a commission calculated at the rate of Two Pounds and Ten Shillings per centum thereon, be payable to the person (if any) who, but for the i.esumption of such private land, would for the time being have been entitled to the first right to mine thereon.

PAET III. PART 111. "

PROCLAMATION OF PRIVATE LAND AS

ALLUVIAL FLELI).

w ~ a b land mip ba 18. (1) The Governor may, after giving two months' notice in

d l a r e d n a l l u v i a l	writing to the owner and to the occupier of	any private land, by
deld.

Ibid., S. 17. Proclamation published in the Governmart Gazettr, declare that such

sot azs, IW,,	7,	private land shall be an alluvial field: Provided that no private land
act m, 1 8 9 9, ~.	2.	shall be declared an alluvitcl field, except under conditions similar to

those

go EDWARDI VII,. No. 992.

Th Mininq on Private Property Ad.-1909.

PART 111.

those required in rases of provisional resumption, by subdivisions I.! II.,

and 11%. of section 8, but ao that the certificate of the inspector requ~red

by the said subdivision r. shall refer to the existence of payable

alluvial metal instead of to the existence of payable reef metal,

(2) Upon the publication of any Proclamation declaring any

private land an alluvial field, the following consequences shall

ensue : -

( a ) The said land shall, for all purposes of all laws in force for the time being relating to alluvial mining, be deemed to ,

be Crown lands and an alluvial field; and the said land, .

and allqpersons entering thereon for mining or other

purposes, shall be subject to the warden's jurisdiction, and

to such regulations as are made under this Act relating to

alluvial m~ning; and persons shall be entitled to mine

upon such land subject to such regulations and to the

provisions of this Act: Provided that until such regula-

tions are made, or in so far as such regulations do not

apply, all laws and regulations in force foi* the time being

relating to alluvial gold mining on Crown lands (except so

far as inconsistent with this ,4ct) shall apply to such land

and persons, and persons shall be entitled Jto mine upon

such land subject to the last-mentioned laws and regula-

tions (except as aforesaid) and to the provisions of this

Act:

( b ) Every person mining upon or occupying any claim upon the .

said land shall pay therefor to the warden a weekly rent

of Two Shillings, or such rent as is prescribed, in advance:

Provided as follows: -

I. No person shall mine on the said land or peg out any alluvial claim thereon until he has obtained a special licence for

lnining thereon, which special licence shall be in force	.
until the field ceases to be an alluvial field or is resumed,	and may be issued by the Minister on payment by the
applicant of a fee of Ten Shillings:

11. Any person mining on or occupying any of the said land

without having duly paid the rent of his claim as required by subdivision ( b ) of this subsection, or mining on any such land or pegging out any such chim thereon without having obtained a special licence as required by subdi- vision I: of this subsection, shall be liable to a penalty not exceeding Twenty Pounds.

19. The amount 'eceivrd for fees for special licences un&r the T~ licenea,

next precedi n g section in respect of any land, and all moneys f w a * and ~ n t a (1-6

commission) to be

received by the warden for rent of any claims thewon, shall, after p i d.

retention thereout by the Minister or payment thereout to the A C ~ 448,1888, a. 18

Minister (as the case may be) of a charge ctllculated a t the rate of (part).	Two Pounds and l'en Shillings per centum thereon, be equally Act 626 1895, a. 8.
divided between the person who but for the declaration of such

go EDWARDI VII, No. 992.

T h Mining on Priewte Property Ad.-1909.

PART 111- lands as an alluvial field, would for the time being have been entitled to the first right to mine thereon and the person who, bat for such declaration, would for the time being have been entitled to the possession of the said land. If the same person is entitled to the first right to mine and to possession, then the whole of such amount and of 'such moneys, after deducting such charge, shall be paid to him.

Claims to be

registered. 20. (1) Every person who pegs out sin alluvial claim shall, within

Act 626, 1896, a. 9. such time thereafter as is prescribed-

( a ) Register such claim with the warden;

( b ) Infoim the warden of his name and usual place of abode; and

(c) Keep posted up on such claim the registered number thereof.

(2) If any person fails to wholly comply with this section his claim shall be liable to forfeiture.

Alluvial field may 21, Subject to the provisions of subdivision I. of section 8, and

be resumed. without complying with subdivisions 11. and 111. thereof, the

1888s17 Governor may resume for mining purposes the ownership of the

(provi~o I.).

whole or any part of any private land which has been declared an

alluvial field.

Owner ma require 22, The- owner of any private land which has been declared an alluvial field may, after the expiration of six months from the date of the publication of the Proclamation declaring the same an alluvial

alluvial fieL to be

reaumed.

Ibid., S. 18 (part).	field, give written notice to the Minister requiring the said land to be absolutely resunled; and if such land is not absolutely resumed within one month after the receipt by the Minister of such notice, such land shall thereupon cease to be an alluvial field.
owner to have rents

On such resumption 23, When an allnvial field has been resumed a t the request of

in lieu of rojaltiee. the owner, pursuant to the next preceding sectim, on the issue of any lease or licence for alluvial mining thereon, one-half of the rents

Ibid.

shall be reserved to the owner, in lieu of the royalties which, but

for this section, would be payable.

Private land to cease	24, (1) The Governor may, by Proclamation published in the alluvial field, shall cease to be.an alluvial field, and upon the publi- cation of such Proclamation, all powers arising by virtue of the original .Proclamation shall cease to be exercisable.
prochrhation.	Goccmment Gazette, declare that any private land declared to be an
Ibid., s. 20.
land not uaed for
Sale of resumed	(2) If any land absolutely resumed pursuant to this Part ceases fie11 and convey the same or any part thereof; but the person who, but for such resumption, would be the owner, shall have the prior right to purchase such land or part; and in the event of such person exercising such light, the price to be paid therefor, if the whole of such land, shall be tlm amount paid on resumption; or, if a part of such land, then a proportionate part of such amount based on the relative value-of suchApart of the land as compared with the value

mining purposes.	to be used for mining purposes for six months, the Minister may
of the whole thereof. PART

to be alluvial on

go EDWARDI VII, No. 992.

The Mining m Private Property Ad-1909.

PART IV. PABT rv.

ENTRY UPON AND PEGGING OUT PRIVATE

LAND.

25. ( l) Subject t o the provisions of this section, any holder of a Mode of obtaining

miner's right who desires to obtain a claim on or lease of any private plirats hnd. claim or leaae of

land may at all reasonable times in the day time, and doing no VicL 1SL1,18 87.

unnecessary damage, enter with or without surveyors, servants, 8. 7 3, adapted.

agents, and others upon such land imd peg out any portion

thereof which he desires to be included in sucb claim or lease.

(2) Such pegging out shall be done in accordance with the Regulations.

(3) No such d r y or pegging out shell be deemed to be a trespass by any of such persons.

(4) Before making any such entry such holder shall first obtain

from the Minister or a warden or mining registrar a written

authority so to do.

( 5 ) The Minister or a warden or mining registrar is hereby authorised to grant such authority upon being satistied by the declaration of such holder, made before any Justice, that there are reasonable grounds (which shall be shortly stated in such declara- tion) for supposing that the land is metalliferous.

(6) The holder of any such authority shall, so far as required so to do, produce the same to the owner of the land or his agent and to the occupier thereof or his agent, on or before making such entry.

26, Neither the holding of a miner's right, nor the holding of an Comp-tion to be

authority under subsection (4) of 1 he next preceding szction, by any paid mining. Or agreed before

person, shall confer upon such person any right to mine upon any	Ibid., a. 74.
private land unless and until-

( a ) I. Such person has either paid or tendered to the owner, or to

the owner and the occupier respectively of such land, the

amount or amounts of compensation fixed as in this Part	.
provided, or has entered into an agreement in writing with such owner or owner and occupier as to the pay- ment thereof; and

1 1. The fact of such payment, tender, or agreement has been

certified on the registration of the claim, or on the authority, lease, or licence (as the case may be) by the owner or owner and occupier, or by the ~ i n i s t e r, a warden, or the mining registrar:

Provided that if the owner or occupier to whom any compensation is payable cannot be found by such person, he may pay the same to the Minister in trust for such owner or -

occupier, and the Minister's certificate of such payment

shall be sufficient; or

( b ) If no compensation is payable, that fact has been certified

in manner aforesaid. 27. (l) The

B-992

go EDWARDI VII, No. 992.

The Mining cm Priuate Property Act.-1909.

27. (1) The amount or amounts of compensation referred to in

How cornpeneation

the next preceding section shall be fixed-

Ibid., ss. 75-7,

(a) By agreement between the parties respectively; but no

or, failing such agreement within twenty-one days after the pegging

out under section 25-

fixed.

adapted.

such agreement shall have any force unless in writing,

and signed by the parties thereto in biplicate;

( b ) By the determination of a warden made on the application

of any party.

(2) The warden in making his determination shall take into con- sideration the deprivation of the possession of the surface of the land, and the probable damage to the surface of the said land and of the land of the same owner or occupier adjacent thereto, and any consequential damages; and his determination shall be final.

Cornpensalion to be 28. (1) Before any lease of private lands is issued under section

paid before lease

issues uuder section	33, to any person other than the owner thereof, the Minister shall
53.	be satisfied that the following provisions have been complied
Ibid., 8. 78.	with :-

I. Where the amount or amounts of compensation has or have been determined by a warden, that such amount or amounts has or have been paid or tendered to the owner or the owner and the occupier (as the case may be), or that such owner or owner and occupier has or have con- sented in writing to the issue of the lease without such payment:

tr. Where the parties have agreed in writing as ment.ioned in

the next preceding section-

( ~ j That the parties have so agreed; and

( h ) That one original part of such agreement has been

foiwarded to the Minister; and

(c) That any amount agreed to be paid before issue of the lease has been paid or tendered, or that such payment has been waived in writing by the party entitled thereto.

(2) For the purposes of this section, if the person to whom any payment should be made or teridered cannot be found, it shall be siifficient to make such payment to the Minister in trust for such perucn.

COMPULSORY MINING LEASES.

29, For the purposes of this Part mining leases shall be either-

Act i2R, 1899,

ss. 3 and 4.	I. Gold leases, or
11. Mineral leases. (a) Gold

go EDWARDI VII, No. 992. A---

The Mining on Private Property Act.-1909.

(0) Gold leases shall authorise the lessee to mine for gold, and all - PAR* v -

other metals:

( h ) Mineral lenses shall authorise the lessee to mine for all metals

except gold.

30. A gold lease may include any area not exceeding twenty lea@@-

acres, and a mineral lease may include any area not exceeding forty Ibid., a. 6.

acres.

31, (1) Any person may apply in the form and maimer prescribed Application for lea*.

by the regulations to the owner of any private land to grant to aci:4:i$:::

him a mining lease of any portion of such land in the shape pre-

scribed by the regulations, not exceeding twenty acres if the Aet i 2 R, 1899. a. C.

application is for a gold lease, or forty acres if the application is for

a mineral lease.

(2) The application shall state whether it is for a gold lease or a mineral lease, and shall bz deemed to be made when served upon the owner in manner prescribed.

(3) I n the absence of an agreement to the contrary, in writing, signed by or on behalf of the owner and the applicant, no applica- tion under this section for a mining lease shall be deemed to be duly made until the applicant has deposited with the Minister the sum of Ten Pounds as a guarantee for the parment of all costs and expenses connected with the obtaining, panting, and execution and delivery of such lease, and the due fulfilment of all its terms and conditions. The Minister may at any time give to the owner a notice in writing, requiring the owner within two months from the giving 'of such notice to show cause why the said sum, or any balance thereof, should not be repaid to the applicant; and if the said owner fails to show good cause to the satisfaction of the Minister within such time, the Minister shall repay the said sum or balance to the applicant. I n all other respects the said sum

shall be applied by the Minister in satisfying the aforesaid objects. .

32, If the owner of the land in respect of which an application Provision8 as to t e r me and conditions

for a mining lease has been duly made, within one month after such of	leaea.
application is made, consents in writing to grant the same, the	,,,,,

following conssquences shall ensue :-

a. 23 (altered), and

regr11a.ion 14.1

(a ) If the owner and the applicant agree upon the terms of such

mining lease, the owner shall grant the lease accordingly:

(b) If no such agreement is come to within one month after the application, the owner shall, subject to the provisions of this Act, grant to the applicant a gold or mineral lease (according to the application) of such land, on the follow- ing terms and conditions :-

l. The lease shall be in the form prescribed, or to the like effect (varied if necessary so as to comply with the Real Property Act), and shall reserve

to

g" EDWARDI VII, No. 992.

Th Mining m Private Property Ad.-1 909.

to the owner a royalty at the rate of Two Pounds and Ten Shillings per centum on the gross money value of the metal raised from the land during the currency of the lease:

11. There shall also be reserved a rent for the surface of

the land, to be assessed by the Local Court of

Full Jurisdiction nearest by the most convenient

route to such land:

111. The lease shall be for the term of twenty-eight

years, and shall comprise a convenient right of way to such land, and shall contain all such powers and provisions as are prescribed; and shall also contain proper provisions compelling the lessee to fence in with a substantial sheep- proof fence the workings on such land, to take all proper steps for the prevention of fires, and to take all proper precautions for the preservation of timber and for preventing any unnecessary damage to the land, and for preventing injury to man or beast:

IV. The lease shall contain a right of re-entry by tile

owner of the land, on non-payment of rent or royalty or breach of covenant by the lessee for such time as is prescribed:

I 'rovided as follows :-

I In assessing the rent to be reserved by any such lease the Local Court assessing the same shall take into consideration the depiivatioh of the poes~ssion of the surface of such land, and the probable damage to the surhce of such land, and of the land of the same owner adjacent thereto,

and any consequential damages:

Ir. If the Local Court, which assesses such rent, is of

opinion that any special in jury is likely to arise to any private land by reason of the lease being granted, such Court may order that a sum be paid by the applicant by way of compensation prior to the granting of the lease, such sum being

based on the considerations mentioned in pro-

viso I. ; and in that case the lease shall not be executed (unless by the owner) until such com- pensation is paid:

111. There shall be no appeal against the decision of the

Local Court:

IV. If the applicant for the lease is dissatisfied with the rent assessed, or if he is unwilling to pay com- penation pursuant to the order of the Local

Court,

go EDWARDI VII, No. 992.

The Mining m Private Property Ad-1909.

Court, he may give notice in the prescribed form

v*

to the owner of the land abandoning his claim

to such lease:

v. The costa of all proceedings in the Local Court, in respect of the matters hmein referred to, shall be paid by the applicant for the lease:

(c) Subject to the above proviso I I. , if within fourteen days after agreeing upon the terms of the lease, as mentioned in para- graph (a), or within fourteen days after the rent has been assessed, as mentioned in paragraph (b), as the case may be, the owner does not execute a lease in accordance with such agreement or in accordance with the provisions of para- graph (b), as the case may be, a lease in accordance with such agreement or provisions may be tendered for his execution; and if such lease is not executed and delivered to the applicant within fourteen days after such tender, the Minister, upon being satisfied that the lease is in accord- ance with such agreement or provisions and that such lease has been tendered as aforesaid and not executed and delivered as aforesaid, shall execute and deliver the

same in the name and on behalf of the owner, where-

upon such lease shall be deemed to be validly executed

and delivered by the owner.

l d ) Upon production of the lease executed as aforesaid and by

the leesee, and on payment of the proper fees, such lease shall, if the land is under the Real Property Act, notwith- standing the Red Property Act, be registered by the Registrar-General without requiring the production of the land grant or certificate of title to the land; or, if such land is not under the Real Property Act, such lease shall he registered by the Registrar-General in the General Registry Office for the registration of deeds. And upon

such registration the term of years granted by such lease

shall vest in the lessee, and the lease shall have effect in

a11 respects as if the same had been executed by the

owner of the land.

33. (1) If the owner of the land in respect of which an appli- Minieter may grant leaae on failure of

cation for a mining lease has been duly made, does not, within one owner. l

month after such application is made, consent in writing to grant Ibid., BS. 22 and 24

the same, the Minister may, subject to srction 25 and to subsection tdtmed).

(2) of this section, grant and execute and deliver the mining lease

applied for in the prescribed form (varied, if necessary, so as to

comply with the Real Property .4ct) in the name and on behalf of the

owner; and thereupon such leaae shall be deemed to be validly

executed and delivered by the owner and all the proviaione of

paragraph (d ) of section 32 shall apply: Provided as f o l l o w s: ~

r. The owner of the land shall, if his failing to consent ss

aforesaid to grant such lease did not proceed from Iegal

incapacity, pay all the costs and expenses connected with

the

go EDWARDI VII, No. 992.

.The Mining on Private Property Ad.-1909.

the obtaining, granting, and execution and delivery of such lease, or the same may be deducted by the lessee out of the rents and royalties payable under such lease:

rr. The Minister shall from time to time, until the owner of the

land ratifies the lease, hold the rents and royalties received under such lease up011 ttust (after payment of the costs and expenses abovementioned if unpaid) for the owner of such land; but shall be entitled to deduct therefiom a charge of Two Pounds and Ten Shillings per centum for the cost of collecting the same, and the Minister shall not be required to invest any accumulations of rent or royalty.

(2) The Minister shall not grant or execute and deliver such mining lease-

(a ) Unless an inspector, having examined the said land either before or after the making of the application for such lease, has certified in writing to the Minister that he has examined such land, and that he is of opinion that payable metal exists therein, and is of opinion that such land should be resumed for the purpose of mining; nor

( b ) Before the expiration of two months from the making of such

application; nor

(c) If the owner of the said land, from and after the expiration of such two months, complies with similar working condi- tions to those which would apply by virtue of section 3.5 if he were the lessee under a gold lease, in case the application is for a gold lease, or under a mineral lease, if

the application is for a mineral lease: Provided that-

'

r. The burden of proving that the owner was, at any specified time after the expiration of such two months, bond @e mining such land with the required number of men shall be upon the

otmer; and

11. If at any time after the expiration of such two

months the owner is not complying with such working conditions as aforesaid, the Minister may, without any further application or certificate, grant and execute and deliver such mining lease, and all the provisions of subsection (1) shall apply

3.4, In any case in which the metal in any private land has been

Where metals

r-vd, n91m or is reserved to the Crown, or is the property of the ~ r o w h, no

without Minister's

consent.

mining lease of such land shall be granted under this Part without

Ibid., S. 24 (vI.).

the consent of the Minister, and proper royalties shall be reserved

t o the Minister by every such lease.

C 35. (1) Unless the lessee holding a mining lease under this' Part

lease for non- employs and keeps employed in mining upon the land comprised in

C O ~ lisnce with

&ng aollditiolu. . - such

go EDWARDI VII, No. 992.

The Mining on Pm'vate Property Ad.-1909.

P*" v*

'such lease, for at least eight months in every year of the term of

such lease- A C ~ 772, 1901, r. 2

( a ) At least one man for ereiy five acres of such land if it is held (altered).

under a gold lease; or

( b ) At least one man for every ten acres of such land if it is held

under a mineral lease;

there being in any case at least three men so employed and kept employed, the Minister may cancel such lease; and shall thereupon insert a notice in the Government Gazette decking the lease cancelled.

(2) Such notice shall be conclusive evidence that tho lease was legally cancelled, and the land, mines, and premises comprised there- in shall br capable of being dealt with by the owner as if such leaw had never been granted; and notwithstanding the R ~ a l Property Act the Registrar-General shall, at the request of the Minister wake the entries in the Register Book necessary to give effect to such cancellation: Provided that-

I. Such, land, mines, and premises, and the owner thereof shall

continue to be subject to the provisions of this Part with- out any further examination or certificate of an inspector; and

[ r. No lease or licence so far as i t gives any right to mine on the

said lands or premises or any part thereof shall be valid unless granted with the-previous consent in writing of the Minister.

(3) The power of cancellation given by this section is in addition Ibid., S. 3.

to any right or remedy of the owner.

PART ur.

PART VI.

MISCELLANEOUS.

36. The provisions and regulations hereafter mentioned in Provisions of Mining

this seccon shall apply to and in respect of all mines and mining on 2iz:,"f:r

private land as if such land were Crown lands, namely- of mines and returns of minerals to apply.

I. Part IV. of the Mining Act;

r r. Sections 93 and 122 of that Act; I

111. All provisions of any Act amending or substituted for that ,4ct which deal with the matters dealt with in the said Part IV. or the said sections 95 and 122 ; and

iv. All regulations made under that Act, or any such amending or substituted Act, which deal with the said matters or with any of the matters mentioned in subdivisions I I l. , xx., and xxrv. of section 92 of that Act, including (but without limiting the operation of this section) all regulations deal- ing with the inspection and working of mines, the works and machinery thereon or therein, and the furnishing of plans of underground workings therein. 37. For

go EDWARDI VII, No. 992.

- The Miailag m Private Property Ad.-1909.

pasr V%. 37. For the purposes of thie Act a warden shall have and may

pOwm W...-

' . exercise all the powers and functions conferred upon or exercisable

by a warden by or by virtue of the Mining Act.

I n ~ p s e m a n d t h h	38.	(1) The Governor may appoint any person or persons to be
p o w erS.

Act 448, 18e8, S. 25	an inspector or inspectors under this Act,
(&red) .	(2) An inspector may at any convenient time during the day- time, either alone or with such assistants as he deems necessary, enter upon any private land, and he and such assistants (if m y ) may examine such land and do all things deemed necessary by such inspector for the purpose of making any report, or giving any certi- ficate required by this Act to the Minister: Provided that a t least two clear days' notice in writing shall be given to the occupier (if
any) of such land before such entry is made.
(3) Every person on or about such land shall do all t h i n g necessary to facilitate the entry by the inspector and such assist- ants as aforesaid (if any), ~ n d the exercise by them of their powers under this Act; and any person who fails so to do,or who obstructs or interferes with any inspector or any of his assistants in the exercise of any such powers shall be liable to a penalty of not less than Two Pounds and not exceeding Fifty Pounds.
before both Houaes
Return to be laid	39. Within twenty-one days after the giving of any notice of private land an alluvial field, if Parliament is then sitting, or, if Parliament is not then sitting, then within twenty-one days after the commencement of the next Session thereof, a return shall be laid before both Houses of Parliament showing the land proposed to be re- sumed or declared an alluvial field and the names of the owners thereof.
of Parliament.	intention to provisi\init11y resume any piivate land, or to declare any
Ibid., S. 27.

Provision where

metals tbe property 40. Savc as herein expressly provided, no claim shall be made

of the Crown.	for any payment for purchase-mon ey, con) pensation, rent, royalty, or
Ibid., B. 28.	otherwise, or on account of the exercise of any power conferred on
the Governor or the Minister by this Act; and in any case in which any metal 011 or under any private land is reserved to or is the
property of the Crown, no royalty reserved in respect of such metal will be payable to any private person, but the same shall be wholly paid to the Minister, and one half of a l l rents payable under Part
111. shall be paid to the Minister in any such case, in lieu of the
charge provided by section 19.

Begulationa. 41. (1) The Governor may make regulations noti nconsistent

Ibid., S. 29.

with this Act, in addition to, or altering, or in substitution for the regnlations contained in the Second Schedule or any of them, and may also make any regulations, not inconsistent with this Act, presc-ribing all matters and things which by this Act are contem- plated, required, or permitted to be prescribed, or which may be necessary or convenient to be prescribed for giving effect to this Act.

(2) Any regulation so made may impose a penalty not exceeding

Tweaty Pcunds for any breach of the ssme or any other regulation.

(3) All

go EDWARDI VII, No. 992.

The Miming on Private Property Act.-1909.

(3) All regulations so made shall-

( a ) Be published in the Governmenz Gazette ;

( b ) Take effect from the date of such publication, or from a

later date to be specified therein; and

(c) Be laid before both Houses of Parliament within fourteen

days after publication, if Parliament is in Session, and

if not, then within fourteen days after the commence-

ment of the next Session of Parliament.

(4) Notwithstanding any publication thereof, no regulation so Diaapprovalby

proved, either wholly or in part, by resolution of either House of made shall continue to have any force or effect if the same is dissp Pdrl"?t. before Parliament, if Parliament is so long in Session: Provided that, if Parliament is not in Session for thirty days after such regulation has been laid before it, then such regulation shall not continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament,

42. (1) Any document required or allowed to be served under serricaof aaummta.

this Act may be served personally; or

( a ) Where the person upon whom the document is to be served does not reside in the said State, by serving such document upon some known agent of such person, or by posting it to such person addressed to his usual place of abode in the said State, or to his last place of abode in the said State known to the person who is required or allowed to serve such document:

( b ) Where the residence or address of the person upon whom the document is to be served is unknown to the person

who is required or allowed to serve such document, by	serving such document upon the occupier of the land in
respect of which it is to be served, or, if there is no such occupier, by advertisement published in such newspapers
as the Master of the Supreme Court directs:

Provided that if any such document exceeds seventy two words in length it shall not be necessary to set it out in any such advertise- ment, but it shall be sufficient in such advertisement to state the general effect of the document and where it may be inspected.

(2) In this section " document" includes any summons, order, notice, application, lease, and any other document; " serve " in- cludes give, tender, and serve; " serving " includes giving, tender- ing and serving; and " served " includes given, tendered, and served.

43, All proceedings in respect of offences against this Act shall Plocedure for

be by information, and shall be heard and determined in a summary

C-992

way

go EDWARDI VII, No. 992.

The Mining 011 Prirate Property Act.--] 909.

-	BABY vl.	way before any Special Magistrate or any two Justices of the Peace,
under Ordinance No. 6 of 1850, or any Act for the time being in force relating to the duties of ~&ticesof the Peace as to summary proceedings. Such Magistrate or Justices may make any order as to costs which he or they trhink fit. All convictions and orders made bv such Magistrate or Justices may be enforced as provided
in the 'id Ordinance or in any other Act.

Appeals. 44, (1 There shall be an appeal to the Local Court of Adelaide

in its Full Jurisdiction from any conviction under this Act, or from any order dismiesing any information for any offence against this Act or any other order made on any such information.

(2) Such appeal shall be regulated by the said Ordinance No. 6

of 1850 and "The Justices Procedure Amendment Act, 1883-4," or any Act for the time being in force regulating appeals to Local Courts: Provided that the Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds.

special case. 46. (1) The Local Court may state a special case for the opinion

of the Supreme Court.

(2) The Supreme Court shall deal with such special case accord- ing to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to the costs of the proceedings in that Court and in the Court below, as to the said Supreme Court appears just.

In the name and on bchalf of His Majesty, I hereby assent to

this Bill.

IIAY H. BOSANQIJ ET, Governor.

go EDWARDI VII, No. 992.

The Mining m Private Property Act.-1909.

THE SCHEDULES.

Se . I.

THE FIRST SCHEDULE.

Act No. 448 of 1868-"	Mining on Private Property Act, 1888."
Act No. 626 of 1895-"	Mining on Private Property Act Amendment Act, 1895."
Act No. 728 of 1899-"	The Mining on Private Property Amendment Act, 1899."
Act No. 772 of 1901-"	Mining on Private Property Amendment Act, 1901 ."
THE SECOND SCHEDULE.

REGULATIONS.

PART I.-RESUXPTION OF PRIVATE LANDS.

Application for Resumption and Proceedinys thereon.

1. Every application to the Minister for the resumption of private land shall contain the particulars and be in the form A in the Appendix hereto, or to the like effect, and shall be signed by the applicant.

2. Upon the receipt of any application the Minister shall instruct an inspector to examine the land mentioned in the application, and report as to whether or not, in his opinion, payable reef metal exists therein, and whether or not such land should be resumed for the purpose of mining.

3. The notice required to be given to the occupier of the intended visit of the

inspector for the purpose of examining the land and reporting thereon shall be in the

form B in the Appendix hereto, or to the like effect.

4. The Minister shall, if he intends to provisionally resume such land, give to the owner, and also to the occupier thereof, a notice of the report of the inspector, and of such intention, such notice to be in the form C in the Appendix hereto, or to the like effect, and shall also furnish such owner and occupier with a copy of the report of the inspector.

Mining Licences and Duties of Licensees.

5. Mining licences under this Act shall be issued by the Minister, and all licences

issued previously to the provisional resumption of land being made absolute shall, in

case of cesser or rerocntion of such provisional resumption, immediately determine.

6. Every licensee and every lessee shall furnish particulars to the satisfaction of the Minister from time to time when required by him, so as to enable him to ascer- tain the amount of royalty payable, and such licensee or lessee shall, if so required by the Minister, verify such particulars by a declaration before a Justice; and in the event of any licensee or lessee neglecting or refusing to comply with any requirement of the Minister, of which notice has been given to him, within the time limited for the performance thereof by such notice, he shall be liable to a penalty not exceeding

S5 for every day during which such neglect or refusal continues after such !imited

time has elapsed; and every licensee or lessee shall, if required by the Minister. allow him or ariy officer whom he appoints to inspect the books of account and memoranda kept by such licensee or lessee and take copies thereof or particulars therefrom.

7. If any licensee or lesste fails to perform any condition of hie licence or lease, or

to comply with this Act or any regulation, the Minister may cancel such licence or

lease.

8. The Minister or his agents rind workmen may at all reasonable times enter into and upon the land comprised in any licence or lease, and into and upon any mines or works therein or thereunder and inspect the same.

PA RC

EDWARDI VII, No.

PART IT.-PROCLAMATIOX OF PRIVATE LAND AS ALLUVIAL FIELD.

Applications and Proceedings thereon.

9. The foregoing regulations au to the provisional resumption of private land, and for all purposes consequent thereon as provided by this Act, shall, mutatis mutandia, apply to the declaration of private land as an alluvial field and for all purposes con- sequent thereon as provided by this Act.

Applications for Special Licences.

10. After the owner of any private land has received due notice of intention to declare such land an alluvial field, any person may apply to the Minister to be recorded as an applicant for a special licence to mine on the said land, and upon pap- ment of the licence fee of ten shillings the name of such applicant shall be recorded in a list of applicants. In the event of the land in respect of which applications for licences are made not being declared an alluvial field, all licence fees paid in respect

of such a ~ ~ l i c a t i o n s shall be returned on amlication to the warden. I I

11. ~d berson, whether his name has been previously recorded or not, will be entitled to receive a special licence unless he has taken out a miner's right.

12. The special licences to be issued for mining on private land declared an alluvial field shall be in the form D in the Appendix hereto.

Issue of Special Licences.

13. At the hour of 2 o'clock on the afternoon of the day upon which a proclama- tion declaring any private land an alluvial field is published in the Government Gazette a flag will be hoisted at the warden's office, and the warden, or some person authorbed by him, will be in attendance at the land proclaimed, for the purpose of issuing special licences to those persons only whose applications have been previously recorded, who must produce their miners' rights. On failure to produce miners' rights licences will be refused.

14. The first licences will be issued to the persons who have, under arrangement with the inspector, prospected the land applied to be declared an alluvial field. Each of such prospectors shall be entitled to two ordinary alluvial claims by virtue of one special licence, provided they make application for the same to the warden within one week after prospecting on the said lands has been discontinued by direction of the inspector; prorided also they hand over to the warden the gold, if any, obtained by them from the property.

15. After the granting of the prospectors' liceuces, licences will be issued in the order in which the applications for the same have been recorded, as provided in regulation 10, and immediately on receipt of the licence the holder will be entitled to select and take possession of the area of declared ground allowed for alluvial claims under the regulations under the Mining Act, which claims must be at once pegged and marked off in the manner prescribed in such regulations.

16. Pegging out of claims will not be allowed after 5 o'clock p.m. on the day of the publication of the proclamation; and on each succeeding day claims may be taken out and pegged off between the hours of 7 o'clock a.m. and 5 o'clock p.m. No pegging will be recognised before the hoisting of the flag as aforesaid.

17. Applicants must be in personal attendance a t the warden's office for their licences, and must come forward to receive the same immediately their names are called; any person who does not respond within one minute after his name is called will forfeit his turn, and his licence will not be granted until after the name last on the recorded list has been called.

18. No miners' rights will be issued on the ground on the day of the publication of the proclamation, nor will any rents for claims be received on that day. Special licences will not be granted on that day to other than recorded applicants until after such applicants have received their licences.

Late Applications for Licences.

19. When all recorded applicants present have obtained licences, the warden, or other person authorised by him, will receive applications, with fees. and will issue special licences to other persons, duly provided with miners' rights, until the hour of

5 o'clock p.m. on the day of the publication of the proclamation; and on each

subsequent working day miners' rights and special licences will be obtainable at the warden's office, in Adelaide, and also at the office on the ground, between the hours

of 9.30 o'clock a.m. and 5 o'clock p.m.

No

EDWARDI No.

The Mining on Priuate Property Ad.-1909.

No Person to Peg Of without Special Licence.

20. No person will be entitled to mine on the field or peg out any claim until he has obtained a special licence, and any person mining on the land or pegging out any claim thereon without a special licence will be liable to a penalty not exceeding Twenty Pounds.

Rent to be Paid.

21. On the day next after the day of the publication of the proclamation each claimholder shall pay to the warden, or other pemon authorised by him, at his office on the ground, between the hours of 9 o'clock a.m. and noon, hie Grst weekly rent of 2s. in advance, and thereafter on the same day and during the eame time in each succeeding week.

22. Any person mining on or occupying any land on the field without having paid his rent will be liable to a penalty not exceeding Twenty Pounds.

23. Persons who do not obtain licences on the day of the publication of the proclamation must pay the first week'a rent with the licence fee, and must thereafter pay the rent on the same day on each following week, a t the warden's office on the field.

Production of Licence, &c.

21. Any person mining on the field must forthwith produce his licence, miner's right, and receipt for current week's rent, or any of them, to the warden or officer in charge of the field for the time being, if requested to do so, and, in default, shall be liable to have his claim at once forfeited.

Shfta not to he sunk deeper than 100ft.

25. No shaft shall be sunk to a greater depth than 100ft. without the written consent of the owner of the land.

Disputes to be settled by Warden.

26. Any disputes that arise in pegging out claims or otherwise, shall be settled by

the warden, under the regu!ations under the Mining Act.

PART 111.-PEGGING OUT PRIVATE LAND AND COMPULSORY MINING LEASES

Pegging Out.

27. Any holder of a miner's right who desires to obtain a claim on or lease of any private land shall peg out such land as follows :-He shall erect poste, bearing the distinguishing number of the miner's right by virtue whereof the land is pegged out and the date of the pegging out of ~ u c h land (in clear legible characters), not less than three inches in diameter and not less than three feet above the ground, to define the boundaries and angle8 of the land, each post to be fixed a t the point oE inter- section of two trenches cut out in the earth not less than three feet long, one foot wide, and six inches deep, cut in the direction of the boundar lines of which the post is	intended to form one corner, and to be kept erected unti the boundaries of the land	r
are defined by a surveyor.

28. The regulations as to surveys for the time being in force under the Mining Act hall apply to the surveying of private land pegged out under this Act.

Application for Lease.

29. Every application for a lease under Part V. of this Act to any owner of private land shall be in the form E in the Appendix hereto, or to the like effect, and the applicant shall deposit a copy of his application with the Mining Registrar.

30. The shape of the land in respect of which the lease is applied far hall, as

nearly as circumstances permit, be that of a rectangular parallelogram, the length of the longer sides of which does not exceed twice the length of the shorter sides, and one of the sides shall run as nearly as practicable in a north and south direction, the bearings being magnetic. When regular rectangular areas are not available, owing to the position of adjoining boundaries or natural features, the application may'be in respect of .any intervening or irregularly-shaped piece or pieces of land not excetd-

ing the pre~cribed area.

Wheta Owner Consents to Leme.

31. If any owner who is willing to grant a mining lease in accordance with the

application made to him cannot agree !vith the applicant as to the terms of the

mining leaee to be granted, then such lease shall contain all the powers and pro-

visiono

EDWARDI VII, No.

The Milaiq on Private Property Act.-1909.

visions set out in the form Q in the Appendix hereto, and shall be in such form or to the like effect: Provided that if the land intended to be leased is under the provisions of the Real Property Act, then such form may be altered, so as to conform with the requirements of such Act.

82. The notice of abandonment to be given by an applicant fos a mining lease who

ia dissatisfied with the rent assessed by the Local Court, or who is unwilling to pay

compensation pursuant to the order of the Local Court, shall be in the form H in

the Appendix hereto, or to the like effect.

When Owner fails to consent.

33. If the owner of the land in respect of which the application is made does not, within one month after such application is made, consent in writing to grant the lease, the applicant may give to the Minister a notice of the owner's failure to give such consent. Such notice shall be in the Form F in the Appendix hereto, or to the like effect.

34. A lease to be granted, executed, and delivered by the Minister on the failure of the owner to consent to grant the same shall contain all the powers and provisions sat out in Form G in the Appendix hereto, and shall be in such form or to the like effect: Provided that if the land required to be leased is under the proviaions of the Real Property Act, then such form may be J tered so as to conform with the require- ments of such Act.

Recovery of Rents and Royalties.

35. In addition to any other remedy, all rents and royalties reserved in any mining lease of private land, or payable in respect of any metal raised from any such land, may be recovered by distress in the same manner as rent in arrear is recoverable under an ordinary lease.

PART 1V.-MISCELLANEOUS,

Procee(1ings in Lncsl Court.

36. All matters which by this Act are to be determined by a Local Court of Full Jurisdiction shall be commenced by an application in writing, intituled "In the matter of 'The Mining on Private Property Act, 1909,' " and hall be signed by the applicant or his solicitor or agent.

37. l'he application shall state in a clear and concise manner the nature and object thereof, and shall he left a t the office of the clerk of the Local Court in which such application ie to be made, with as many copies thereof as there are persons to be served therewith.

38. The clerk of such Court shall fix a day for the hearing of the application, and forthwith post a copy of the application, together with a notice of the day fixed for the hearing, to each party to be served therewith.

39. The day fixed for the hearing shall be the day when the next Court of Full Jurisdiction will be held after the expiration of ten days from the posting of such

notice, provided that the Court may adjourn the hearing from time to time, as i t

deems fit.

40. The hearing of the application shall, as nearly as possible, be conducted in the same manner as ordinary trials in Local Courta i n their Full Jurisdiction.

Costs.

41, The costs of and incidental to all matters and things under this Act shall be in the discretion of the Court or other tribunal by which the same is heard or deter- mined, and any costs awarded by any Court or tribunal may be recovered in the same manner as costs awarded bv surh Court or tribunal are generally recovered.

Fatse Declarations.

42. If any person knowingly makes a false declaration concerning or in gny matter

or thing done, or any proceedir~gs taken, under or in pursuance of this Act, he shall

be deemed guilty of perjury, and may be proceeded against and punished accordingly.

go EDWARDI VII, No. 992.

The Mining a Private Property Ad.-1909.

A.

FORM OF APPLICATION TO MINISTER F O R RESUMPTION O F PRIVATE LAND

U The Mining on Private Property Act, 1909."

To the Minister of Mines.

I, A.B., of [addvess and occupation] do hereby request that all that piece of land being [here insert a full description rlf' the land] attd now in the occupation of [hers insert name of occupier] bt? resumed for mining purposes, and that a report by an inspector pursuant to the said Act be obtained.

Dated this day of , l 9 .

[Signature of Applicant.]

B.

NOTICE TO OCCUPIER OF VISIT OF IXSPEClWR.

The Mining on Private Property Act, 1909."

l'o [name nnd descr;ption of occupier in ful l ).

I hereby give you notice that [name of irrspector] is authorised to enter upon and

to examine and report upon the land occupied by you being [insert dcscriptivn of

land as in application], and that the day fixed for the examination is the

lay of , 19 .

Dated this day of , 19 .

, Minister of Mines.

C;.

NOTICE TO OWNER A N D OCCUPIER OF INTENDED PROVISIONAL BESUMPTION.

'' The Mining on Z'rivate Property Act, 1909."

To [name of occupier or owner].

I hereby give you notice that [name of impector], the inspector appointed under this Act to examine and report upon [here imert descr$tion of land as in application], has examined the same. and has certified that he is of opinion that pa~able (reef metal, ot alluvial metal, as the case may Be) exists on the said land, and that such land should be resumed for the purpose of mining, and that it is my intention to

purposes, or declare such land to be an alluvial field, as the case may be).	(provisionally reeume the ownership of such land on behalf of the Crown for mining	A copy of 'he inspector's report is herewith.
Doted this day of , 19 .

, Minister of Mines.

SOUTH [Royal Arms] AUSTRALIA.

" The Mining .on Private Property Act, 1909."

No. Date

SPECIAL LICENCE.

A.B., of [address and occupation], is hereby licensed for twelve months from thia date, and no longer, to dig, search for, and remove metals, minerals, and metalliferous ores from the land proclaimed on the day of, 19 , as an alluvial field, being [here describe the land].

Fee paid, 10s.

, Minister of Minee.

EDWARDI No.

The Mining m Private Properby &.-l 90%

FORM OF APPLICATION FOR MINING LEASE.

The Mining on Private Property Act, 1909."

To [name and addreer of owner].

I, [name of applicant, address, and occupation], hereby request that you will grant

me, in accordance with "The Mining on Private Property Act, 1909," a gold or

mineral (as the case may be) lease of [descrtbe particularly the portion of land re uired),

which said piece of land contains [area as nearly as possible], and is roughly de f ineated

in the plan hereto annexed. And I hereby give you notice that I will execute such

mining lease upon such terms hs shall be agreed upon. or upon the basis mentioned

in the mid Act.

Dated this day of , l 9 .

[Signature of Applicant.]

[Note.-Annex a sketch showiny roughly the portion and shnpe of the land required.]

F.

NOTICE BY APPLICANT OF FAILURE OF OWNER TO CONSERT TO

GRANT LEASE. .

The Mining on Private Property Act, 1909."

To the Minister of Mines.

I, [here state name of applicant, addrers, and occupation], hereby give you notice that on the day of, 19, I applied, in accordance with " The

Mining on Private Property Act, 1909," to [name and address of person to whom app1icati.m was made], for a gold or mineral as the case may be) lease of [here shortly describe land], and that the said [name has failed to consent in writing to

grant me such lease; and I hereby request that a report by an inspector, pursuant	i
to the said Act, be obtained.

Dated this day of , 19 .

[Signature of Applicant.]

G.

FORM OF LEASE.

The Mining on Private Property Act, 1909."

This Indenture made the day of one thousand

nine hundred and between A.B. of

in the State of South Australia (who and hie heirs executors administrators and

assigns are hereinafter called the lessor) of the one part and C D. of

in the said State (who and his executors administrators and assigns are hereinafter called the lessee) of the other part Witnesseth that in con- sideration of the rent and royalties hereinafter reserved and made payable and of the covennnts conditione and agreements hereinafter contained the le~sor doth demise and lease unto the lessee all that [here describe land with a convenient right-of;way if same

is necessary] for the purpose of mining for [metals minerals and metalliferous ores

of all kinds 01. metals miuerals and metalliferous ores of all kinds except gold ns

the case may be] Together wi,h liberty for the lessee and agents and work-

men in and upon the said land to construct races drains dams reservoirs roads and tramway8 and to dig sink drive make and use all such pita shafts levels watercourses and other works as it may be necessary to use in finding seeking for winning working and obtaining the said metals minerals and ores therein contained and also to appropriate and use such part of the said lands either underground or on the surface at3 may be requisite as well for placing and heaping the waste refuse and rubbish which may be worked therewith from time to time as for washing and ob- taining such metals minerals and ores and for effectually separating from them all the substances mixed with them and for the purposes aforesaid to erect make and emplor all such fire steam water or other engines buildings smelting works furnaces workmen'e houses shops crushing-milh she& or hovels machinery and works as may

be

go EDWARDI VII, No. 992.

be proper and reasonable ior the purposee doresaid &f a mimral Zeaas inwrt-

Excepting to the lemor all g& and gold-bearing miner and wee with liberty of ingress egress and mgms to and for the kewr and all other persons authorised by

with or without Horses carts and carriages into over and upon the eaid lands to

dig try search and w a k ior gold a d gold-bearing minerals and cues and to take the same

Rom the said hnda a d also to do all euch other works w o n the said lands ae shall be

necessary in and about the premima] To have and to bold the said land and

premises with their appurtenances [If o mine) cll lease insert-except as aforesaid

unto the lessee from the clay of one tliousan i

nine hundred and for and during the term of twenty-eight (28) years thence next ensuing Yielding and paying therefor yearly and every year unto the lessor a yearly rental of [here state arnozcnt and manner of payment of rent] And also a further sum or royalty of Two Pounds and Ten Shillings per centum on the gross amount of metals minerals and ores to be raised from the said land and premises and which said Rum or royalty whall be payable at the times and in manner hereinafter mentioned And the lessee hereby covenants with the lessor that the lessee will during the said term pay or cause to be paid to the lessor (or in case the lease is rzecut~d by the Minister of Mines to the Minister of Mines until these presents shall be ratified by the lessor and from and after such ratification to the lessor) the said rent and royalty hereby reserved at the times and in manner herein appointed for payment thereof And also will pay and discharge all taxes rates and outgoings whatsoever to become due in respect of the said premises And will not during the continuance of the said term use the said land for any other purpose than for the purposc of mining as aforesaid and other purposes connected therewith And will during the continuance of the said term hereby granted work and carry on such ~nining operations in a skilful and workmanlike manner and according to '' The Mining on Private Property Act 1909 " and any regulations under the said Act in every respect And will crush refine waph or otherwise in a miner-like manner treat and render marketable all such metals minerals and ores therein contained And that it shall be lawful for the lessor or agents and workmen at all reasonable times during the said term without any interruption from the lessee or agents servants or workmen to enter into and upon the premises and into and upon any mines or works that may be found therein to view and examine the conditions theieof and whether the same are worked in a proper

skilful and workmanlike manmer and fur such nurDoPes to make use of anv of the. .

tramways other roads or ways machinery and works belonging to such mines and premises And that the lessee shall effectually assist the lessor agents servants and workmen in descending any pits and shafts and in entering into inspecting and examining the said mines and works and in returning to the surface And that the lessee shall also properly secure apd keep open with timber stone or other durable means the pits and shafts to be sunk or made on the mid lands or premises and make and maintain sufficient walls and fences around all such pits and shafts for the protection of all

persons and so as to effectually prevent access thereto by all kinds of cattle And that

the lessee will not at any time during the continuance of the said term place or leare any waste or dead heaps of refuse or rubbish which may be brought out of the said mines near to any river brook or channel of water whereby such waste or dead heaps refuse or rubbish may reasonably be supposed to be liable to be disturbed or carried away by floods or other natural causes And that the lessee will at all times during the continuance of the said term keep and preserve the said land mines and premise8 from all unnecessary injury and damage and all the levels drifts shafts pits pump8 watercourses races drains dams reservoirs roads tramways buildings houses erections fiheds washing- places puddles and other conveniences in good order repair and condition and in such state and condition at the end or other sooner determination of the snid term deliver peaceable possession thereof And also will during at least eight months during every year of the said term employ and keep employed at least [if a gold lease one man for

every five acres af the land hereby demieed or i f a mineral lease one man for every ten

acres of the land hereby demised] in mining upon the said land and in searching for or raising metals minerals and ores as aforesaid And shall preserve from injury by cattle or otherwise all timber and timber-like trees growing on the said land and premises and will not fell cut or destroy the same without the consent in writing of the lessor for that purpose first had and obtained And also shall at all times during the said term keep or cause to be kept correct and proper book8 of account which ehall contain accurate entries of the uantity of metals minerals and ores as aforeeaid raised from the 8aid mines during t 1 e said term and particulnrs of all stiles made in respect of the same for '	the purpose of ascertaining the royalties payable under these presents	And the lessee	- - -
shall

D-B92

go EDWARDI VII, No. 992.

The Mining on Private Property Act.-1909.

shall half-yearly on the day of and the day of

in each and every year deliver to the lessor or agent correct

extracta from the said books of account for the purpose of showing what royalties are payable for the preceding half-year and shall if required by the lessor verify such extracts by a declaration before a Justice of the Peace And shall pay to the lessor the royalties at the rate aforeaaid which shall be due up to the date of furnishing the extracts aforesaid And in default of such payment the said royaltieu shall be re- coverable in the same manner as rent in arrear Provided that the lessee shall permit

the lessor or agent at all reasonable times to inspect the said books of

account and take extracts therefrom And it is hereby declared that if the rents and royalties hereby reserved or any of them or any part or parts thereof shall not be paid at the times and in manner hereinbefore mentioned for payment thereof the lessor may in every such case enter into and upon the mines and premises hereby demised or any lands which shall for the time being be possessed or occupied by the lessee for the purpose of these prewnts and may distrain all or any of the metals minerals and ores as aforesaid and all or any of the horses engines wheels trams whimseys tools implements machines and all other goods and cbattels of what nature and kind soever which may be found in or upon the said land and the same may take lead drive carry away and impound keep or otherwise demean therein according to law until the rent and royalties which shall then be due and all costs and expenses occasioned by the non-payment thereof and such distress shall be fully paid and satisfied And also that if any rent or royalty hereby reserved or any part or parts thereof shall be unpaid for the space of twenty-one days next after the day wliereon the same ought to be paid as aforesaid whether the Name shall hare been legally demanded or not or if the lessee shall commit any breach of the covenants and conditions contair~ed in this lease and on part to be observed and per- formed or any of them then and ia any such case i t shall be lawful for the lessor at any time thereafter into and upon the mines and premises hereby demised or any part thereof in the name of the whole to re-enter and the same to h a ~ e again

re-posses8 and enjoy as of former eetate And that the lessee shall be at

liberty to determine these presents by giving to the lessor or agent three calendar months' notice in writing to expire on any of the days hereinbefore appointed for the payment of the rent hereby reserved of desire or intention so

to do and shall also have power to remove all machinery from the said land and

premises prior to the expiration of such notice And the lessor covenants with the lessee that the lessee paying the rents and royalties hereby reserved and observing and performing the covenants provisus conditions and restrictions herein contained and on part to be observed and performed shall peaceably and quietly hold and enjoy the mines and premises hereby demised for and during the term hereby granted without any lawful interruption from or by the lessor or any person luwfully claiming from or under In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year firstly before written.

Signed sealed and delivered by the lessor (or

by the Minister in the name and on behalf

of the lessor) in the presence of

Signed sealed and delivered by the lessee in

the presence of

H.

NOTICE ABANDONING CLAIM TO LEASE.

The Mining on Pvivate Property Act, 1909."

To [tmme and address of owner].

I, A. B. [address and occupation , hereby give you notice that I abandon my claim to a mining lease of the land re erred to in my application, being [here shortly	2
describe latbd].

Dated this day of , 19 .

* [Signature of x4pplisant.]

Adehide : By authority, R. E. E. Roams, Acting Government Priuter, North Terrace.