STATUTORY RULES.
1933. No. 80.
REGULATIONS UNDER THE LANDS ACQUISITION ACT 1906-1932.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Lands Acquisition Act 1906-1932 to come into operation forthwith.
Dated this twenty-first day of June, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
J. A. PERKINS
Minister of State for the Interior.
Lands Acquisition Regulations.
Short title
1. These Regulations may be cited as the Mining on Commonwealth Lands Regulations.
Definition
2. In these Regulations—
“lease” means a lease authorized under section sixty-two of the Act;
“licence” means a licence authorized under section sixty-two of the Act;
“the Act” means the Lands Acquisition Act 1906-1932 as amended from time to time.
State law inconsistent with lease or licence.
3. Where the law of any State relating to mining is inconsistent with any term, condition, stipulation or requirement contained in a lease or licence such law shall, to the extent to which it is so inconsistent, not apply to the lease or licence or to mining carried on by virtue thereof.
Fees payable under State law.
4. Where, under the terms of an arrangement entered into by the Governor-General in pursuance of sub-section (3.) of section sixty-two of the Act, any fees or other charges are payable to the Government of a State or to any State authority in connexion with mining operations conducted by a lessee or licensee on land which is the subject of a lease or licence, such fees or other charges shall be payable by the issue or licensee, as the case may be.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Mining on Commonwealth Lands Regulations, 1933, were enacted under the authority of the Lands Acquisition Act 1906-1932. This legislative instrument was introduced to address the inconsistencies between state laws and the terms of leases or licences granted under the Act for mining operations on Commonwealth lands. By establishing these regulations, the Commonwealth aimed to ensure that the mining activities on Commonwealth lands are conducted in accordance with the terms set forth in the leases and licences, thereby overriding any conflicting state laws. The Regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for the Interior, and they came into operation immediately upon their enactment. The primary objective of these regulations is to maintain uniformity and compliance in the administration of mining activities across different jurisdictions, ensuring that state laws do not interfere with the enforcement of the Commonwealth's leasing and licensing conditions.
Scope and Application
The Mining on Commonwealth Lands Regulations, established under the Lands Acquisition Act 1906-1932, apply to leases and licences granted for mining activities on Commonwealth lands, ensuring that the terms and conditions of these agreements take precedence over any inconsistent state laws. The scope of these regulations extends to ensuring that the operations carried out under these leases and licences are governed by the federal provisions rather than conflicting state regulations. The geographic reach of these regulations is national, affecting all mining activities on Commonwealth lands across Australia. Furthermore, the regulations specify that any fees or charges due to state governments under state laws, in relation to mining operations conducted by a lessee or licensee, are to be paid by the lessee or licensee, thereby ensuring a clear delineation of financial responsibilities. These regulations, as a legislative instrument, extend the application of the Act by providing specific rules and conditions for mining on Commonwealth lands, thereby clarifying and enforcing the legal framework governing such activities.
Key Provisions
The primary operative sections of the Mining on Commonwealth Lands Regulations (C1933L00080) set the framework for the regulation of mining activities on Commonwealth lands under the Lands Acquisition Act 1906-1932. Section 1 establishes the name of the regulations, while Section 2 provides definitions for key terms such as "lease," "licence," and "the Act." Section 3 addresses the potential conflict between State laws and the terms of leases or licences granted under the Act, stipulating that State laws inconsistent with any lease or licence terms shall not apply to the extent of that inconsistency. Section 4 outlines the financial obligations of lessees and licensees, requiring them to pay any fees or charges owed to State authorities as part of arrangements approved by the Governor-General.
The regulations impose specific obligations on the parties involved. Lessee and licensee must adhere to the terms and conditions outlined in their respective leases and licences. This includes complying with any financial obligations, such as fees payable under state law (Section 4), and ensuring that their mining activities do not conflict with the terms of their agreements with the Commonwealth. Furthermore, the regulations mandate that the terms of the leases or licences take precedence over any conflicting state laws (Section 3), thereby providing a clear legal framework within which mining activities must be conducted.
Breaches of the Mining on Commonwealth Lands Regulations can result in various legal consequences. While the specific offences and penalties are not detailed within the regulations themselves, the Lands Acquisition Act 1906-1932 and associated legislation likely provide for both civil and criminal penalties for non-compliance. Civil penalties might include fines or other monetary penalties, while criminal penalties could range from fines to imprisonment, depending on the severity of the breach. It is essential for lessees and licensees to fully understand and comply with the terms of their agreements to avoid any legal repercussions.