THE MINING ACT, 1904 - Western Australian Legislation

1046.

WESTERN AUSTRALIA.

THE MINING ACT, 1904Reprinted the 2nd day of December, 1925, as amended by No. 27 of 1919;

No. 50 of 1920 ; No 22 of 1921; No. 12 of 1923 ; No. 38 of 1932 ;No. 45 of 1932; No. 7 of 1933; No. 29 of 1937;

and No. 56 of 1937.

PERTH:liy Au:mown. : R. WYATT, GOVERNMENT parnim

1.17,J30/41i.

WESTERN AUSTRALIA.

THE MINING ACT, 1904.No. 15 of 1904.

I?oprinted pursuant to the A mendmentu Incorporatioa Act, 1938, aamended by the Adis No.. 27 of 1919', No. 50 of 1920, No. 22 of192I:. No. 12: of 192:1C;, No. :7 8 of 19:21'. No. • .3 of 19:321, No. 7of .1923", No. 29 of )037i t, and NO. 50 or 1937“.

AN ACT to consolidate and amend the Law relating toMining for Geld and other Minerals.

[Assented to nitlt January, 1904.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of WesternAustralia, in this present Parliament assembled, and bythe authority of the same, as follows:-

PART I.-PRELEMINAIN.

1. This Act may be cited as the Mining Act, 1904-.7937, and is divided into Parts and Divisions, as follows :

PART I.-PRELIMINARY, SS. 14.

PART II.-ADMINISTRATION, SS. 5-9.

PART 1.1.T.-GOL9ITIELDS AND MINERAL FIELDS, SS.10-15.

PART TN.-MINERS' Ricers, ss. 16-41.PART V.-.AFINING LEASES-

Division 1.-Gold Mining Leases, ss. 42-47.Division 2.-Mineral Leases, ss. 48-60.Division 3.-Mining Leases of Reserves and

Authorised Holdings, ss. 61-65.Division 4.-Provisions relating to Leases

generally, ss. 66-116.

Assented to 15th November. 1919. -; Assented to 31st December,1920. « Assented to 6th December, 7921. § Assented to 22nd Febru-ary, 1923. Assented to 30th December, 1932, ss. 3, 4, 9, proclaimed tocome into operation on 1st May, 1937, Bee G(12aii C 23rd April, 1937.

Assented to 30th December, 1932. " Assented to 2nd October, 1913.It Assented to 18th January, 1938. n Assented to 18th January, 1928.

1.5318/45

Short titleant division.Nt. 15 of19)4, s. 1.No. 56 of1:177. N. 4.No. 38 of1932, E. 3.

4 The Mining Act, 1904-1937.

No. 50 of1920, PartsIf.. III., andIV., re-numberedPart VA. in1926.Amended byNo. as of1932,a. 3'now' re-numberedPart VI.

PART VI.—TRIBUTE AGREEMENTS, ss. 117-135.

PART VII.—?MINING ON PRIVATE LAND, SS. 136-. 185.

PART VIII.—TIIE DRAINAGE OF MINES, ss. 186-195.PART IX.—MINERS' HOMESTEAD I .EASES, SS.

196-225.[PART TxrplJECHASE AND SALE OE GOLD, ill

No. 15 of 1904. Repealed byNo. 28 of 1921, s. 2.]

PART X.—ADMINISTRATION or JUST ICE, SS. 226-266.

PART XL—GENERAL PRovism.as, SS. 267-307.PART XIL—REGULATIONS, ss. 308-312.

2. This Act shall commence and take effect on. andfrom the first day of March, one thousand nine hundredand four.

3. In this Act, unless the context otherwise indicates,the following terms have the meanings set against thesame respectively, that is to say :—

"Alluvial"—(1) When applied to gold: Any earthcontaining or supposed to contain gold, and notbeing a lode, dyke, reef, or vein.

(2) When applied to other minerals: Anyearth from which any mineral is ordinarily ob-tained by washing.

"Authorised holding"—Any mining tenement otherthan a lease, an application for a lease, or aclaim.

"Bankruptcy" includes any composition or arrange-ment with creditors under any Act relating tobankrupt debtors, and in the case of an incor-porated company means any winding-up pro-ceedings.

"Claim"—The portion of land which any minershall lawfully have taken possession of and beentitled to occupy for mining purposes, or anynumber of such portions lawfully amalgamated;but no land comprised in any mining lease, orin any application therefor, shall be deemed tobe a claim.

Commence-ment.No. 15 of1904, s. 2.

ln terpretn-lion.No. 16 of1904, s. 3.No. 50 of1020, s. 2.

The Mining Act, 1904-1937. 5

"Coal" includes stratified ironstone, shale, and fire-clay.

"Crown land"—All laud of the Crown which hasnot been dedicated to any public purpose, orreserved, or which has not been granted in feeor lawfully contracted to be so granted, or whichis not held under lease for any purpose exceptpastoral and timber purposes. The term includescommons, State forests, timber reserves, andany reserve declared by the Governor to besubject to mining, and all land between high andlow-water mark on the seashore and on the mar-gin of tidal rivers, and below low-water mark.

"Dam"—Any artificial storage or accumulation ofwater on the surface.

"Earth"—Any rock, stone, quartz, clay, sand, soil,cement, conglomerate, gravel, or mineral.

"Electric Line"—A wire, conductor, or other meansused for conveying, transmitting, or distribut-ing electricity, with any casing, coating, tube,pipe, or insulator enclosing, surrounding, or sup-porting the same or any part thereof, or anyapparatus connected therewith for the purposeof conveying, transmitting, or distributing elec-tricity.

"Gold"—As well any gold, as any earth containinggold, or having gold mixed in the substancethereof, or set apart for the purpose of extract-ing gold therefrom.

"Goldfield"—Any lands proclaimed or deemed tohave been proclaimed a goldfield under the pro-visions of this Act.

"Improvements"—Any substantial house, store,stable, hut, or building; any fence as prescribed;any well, dam, reservoir, tank, trough, pump orother apparatus for raising water ; or any gar-den, plantation, or cultivation.

"Lease"—Any lease granted, or approved under theprovisions of this Act or of any repealed Act.

6

No. :14) of1:120. s. 2.

N ” . 50 uf]1420...

The Mining Act, 1904-1937.

"Lessee" includes a sub-lessee, and the person towhom a lease or sublease has been granted,assigned, or transferred, or in whom a leasesublease is vested.

"Mine"—Any land held, occupied, or used for min-ing purposes.

"Miner"—Any person being the holder of a miner'sright..

"Minerals"—All minerals Other than gold, and allprecious stones.

"Mineral Oil" /â emi:3 petroleum and Other mineraloil oc,:nirrimr in :1 free state and which may beobtained by boring or -wells; the term does notinclude mineral oil winch. may be extracted fromcoal, shale, or other rock by some industrialprocess.

"Mineral Field"—Any lands proclaimed or deemedto have been proclaimed a mineral field underthe provisions of this Act.

"Miner's. Romestead"—The land comprised in aminer's homestead lease.

"Miner's Right"--A miner's right or consolidatedminer's right lawfully issued under the provi-sions of this Act, and includes a miner's right,mining license, business license. consolidatedminer's right, or consolidated ruining licenselawfully issued under the provisions of any re-pealed Act.

"Mining" or "to mine"—All modes of prospect-ing and mining For and obtaining gold or min-erals.

"Mining Lease"—A gold-mining lease or minerallease granted under this Act or any repealedAct.

Mining Tenement"—Any land applied for, held,"Miningoccupied, used, or enjoyed under :1 lease or ap-plication therefor, or as a claim, or any area,\‘r ater race, drain, dam, or reservoir; any stackor aecninulation of earth containing gold orany other mineral; or any easement taken up,held, occupied, used, or enjoyed under or byvirtue of a miner's right.

/9


"Minister"—The responsible Minister of the Crownfor the time being charged with the administra-tion of this Act.

"Owner"—The holder of any mining tenement, orany sub-lessee of any such tenement, or anyperson in possession of such tenement with theconsent of the holder.

"Payable" as applied to mineral oil means mineral ;c,Ccistoil of such quantity and quality that it can,under ordinary circumstances, be worked withprofit.

"Prescribed"—Prescribed by this Act or the regu-lations.

"Proclamation"—A proclamation by the Governorpublished in the Government Gazette.

"Regulations"—The regulations and forms for thetime being in force under the provisions of tinsAct.

"Reserve"—Any street or road or any land whichfor the time being is set apart for any publicpurposes, or which is a reserve within themeaning of any Act relating to Crown lands andin force for the time being, and not being Crownlaud within the meaning of this Act, and anyland which for the time being is excepted fromoccupation for mining purposes under the pro-visions of tins Act or otherwise.

"Reservoir" has the same meaning as "dam."

"Tributer" means a person who works a mine orportion of a mine under an agreement with thelessee or owner of the mine to pay to or receivefrom such lessee or owner a portion or per-centage of the product taken from the mine, orof the proceeds of the sale of such product.

"Warden"—A. warden appointed or deemed tohave been appointed under the provisions ofthis Act, and in the case of private land outsidea proclaimed goldfield or mineral field, includesthe resident magistrate of the magisterial dis-trict within which such private land is situated.

No. 50 of1923. A. 2.

8

Repeal.No. 15 of1904. s. 4.

The Mining Ad, 1904-1937.

4. The Acts mentioned in the First Schedule arehereby repealed to the extent therein stated.

Provided that

Every holder of a mining tenement acquiredbefore the commencement of this Act underany repealed Act or the regulations there-nnder shall, in respect of any such rainingtenement, be entitled to all the privileges con-ferred by this Act, and every such miningtenement shall be held subject to the provi-sions of this Act and the regulations there-under in force at or after the commencementof this Act for the time being.

(2) Any officer appointed, any body constituted, andany office established wider any Act herebyrepealed shall continue and be deemed to havebeen appointed, constituted, or established,as the case may be, under this Act.

(3) Any proclamation published, notification made,document issued, notice given, license, certi-ficate, or authority granted under any Acthereby repealed shall continue in force as ifit had been published, made, issued, given, orgranted under this Act.

(4) All regulations and rules not being inconsistentwith the provisions of this Act duly made andpublished under any Act hereby repealedshall continue in force until altered or re-pealed by regulations or rules made underthis Act, and, so far as may be necessary,shall be deemed to have been made underthis Act.

(5) Where this Act repeals and re-enacts, with orwithout modification, any provision of anyAct, references in any other Act or in anydocument to the provisions so repealed shall,unless a contrary intention appears, be con-strued as references to the provisions so re-enacted.


PART IL—AninixisreArrow.

5. The administration of this Act and the control ofthe Department of Mines shall be vested, as heretofore,in the responsible Minister of the Crown holding for thetime being the office of Minister for Mines.

6. There shall be an Under Secretary for Mines, andsuch mining registrars, mining surveyors, and otherofficers as the Governor may deem necessary for the dueadministration of this Act.

7. (1) The Governor may appoint officers to he calledwardens, who shall have the powers, duties, and autho-rities hereinafter expressed.

(2) . Every existing warden appointed under the Gold-fields Act, 1895, and every existing registrar appointedunder the Mineral Lands Act, 1892, shall be deemed tohave been appointed a warden under this Act.

(3) The Under Secretary for Mines shall be a wardenby virtue of his office.

The UnderSecretaryand otherofficers.No. 15 of1904, s. 6.No. 50 of1920, s. 2.

Wardens.,No. 15 of1904, s.

The Ministerfor Mines.No. 15 of1904, S. 5.

8. Any person who

(1) being a warden, mining registrar, or miningsurveyor, holds, directly or indirectly, anyshare or interest in any claim, mining lease,Or other mining adventure whatsoever; or,

(2) being a warden, acts or adjudicates in any mat-ter in which be has, directly or indirectly,any pecuniary interest,

shall be guilty of a misdemeanour and be liable on con-viction to imprisonment for any term nut exceeding twoyears, or to be fined at the discretion of the court.

No Warden.mining regis-trar, Or

mining Stir •

x• eyor to holdmi nin ginterests.No. 15 of19n4, F . 8.

9. In case of the illness or absence of a warden, •rgo]]any emergency, the Governor may appoint some fit andproper person to discharge the duties of a warden, andsuch officer shall have the same jurisdiction and all thepowers and. authorities conferred upon a warden by thisAct, and shall, while so acting, be'a justice of the peaceby virtue of his office.

Power toappoint Act-ing 'Warden,No. 15 of1904, s. O.

10

Erorb/mationof got/Rh/d•.No. 15 of

x /0.

The illi•itng Act, 1904-1437.

PART 17:1.—GoidufiEuis AND Mixiaim. Ftm,os.

10. The Governor may, by procla um ti on

(1) constitute any lands to be a goldfield;

(2) divide any goldfield into districts;

(3) alter or amend the boundaries of a goldfield ordistrict;

(4) abolish a goldfield or district.

Existing11. Every existing goldfield ami district proclaimed

No . )5 of or constituted before the commencement of this Act004. x. 11.

shall be and remain a goldfield and district for the pur-poses of this Act, and, so far as may be necessary, shallbe deemed to have been constituted and proclaimedunder the provisions of this Act:

But the boundaries of every such goldfield and dis-trict may be altered or amended, and every such gold-field or di t_sync.; may be abolished under the provisionsof this Act.

Existingmining dis-tricts.No. • 5 of1201, x 14.

12. On proof to the satisfaction of the Minister ofthe discovery of payable gold at a place distant morethan ten miles from the nearest place where payable goldhas, prior to such discovery, been discovered, the Gov-ernor may, in his discretion, and subject to the regula-tions, pay a sum of money not exceeding one thousandpounds to the discoverer.

13. The Governor may, by proclamation

(1) constitute any lands to be a mineral field;

(2) divide any mineral field into districts:

(3) alter or amend the boundaries of a mineral fieldor district;

(4) abolish a mineral field or district.

14. Even, existing mining district. proclaimed or con-stituted under the provisions of the Mineral Lands Act,1892, shall be, and. be deemed to be, a mineral field forthe purposes of this Act; and, so far as may be necessary,shall be deemed to have been constituted and proclaimedas a mineral field under the provisions of this Act :

Rev. Ord for:cov ery of

pay g hlo goldNo. 15 of1004. s. 12.

Prndalohiionof niinornlRolds.No. 15 of

004. x. 13.

The Miming Act, 1904-1937. 11

But the boundaries of every such mineral field may bealtered or amended, and every such mineral field may beabolished under the provisions of this Act.

15. When any land held under a pastoral or timber s; pon

lease or license under any Act or regulation relating to 4`,L\c„e,1„,„,Crown lands is situate within the boundaries of any gold- ,tinerr, offield or mineral field, the Governor may suspend or can- 1904, E. 15.

eel, wholly or in part, such lease or license in respect ofany such land:

But the rent reserved in the case of any partial suspen-sion or cancellation of any lease or license shall be pro-portionately reduced.

PART TV.—MINERs' RIGHTS.

16. The Minister and every warden may issue, orcause to he issued, miners' rights.

17. Subject to the provisions of this Act, a miner's fors=2,,!.,.R'„::right, or any number of miners' rights, may be granted rigtsi

io

to any person applying for the same upon payment of a t'64-. f

sum of five shillings for each miner's right.

18. The 'Minister and every warden may issue, orcause to be issued, consolidated. miners' rights.

Cc nsolittoted

right,S.No. t5 of.1804, E. 13.

19. Subject as hereinafter provided, a consolidated toPyg:,:oirminer's right may be granted to an incorporated coin- rdia:irt•Ils."""ers.

piny, or any co-operative body of persons who shall have No. 15 of

agreed to work in co-ownership or co-partnership any 1804, ti. 19.

claim or claims taken up or held under the provisions ofthis Act, or to any manager, attorney, trustee, or trusteesfor any such company or co-operative body applying forthe same.

Any such consolidated miner's right shall, during itscontinuance, be held on behalf of the persons who shallfor the time being be members of such company or co-operative body.

20. A consolidated miner's right(a) shall he in lieu of and represent and be of the

same force and effect as a number of miners'rights granted equal to the number of the

E emit of,:triholitbt;edmino's ridit.Kr. 15 of1904. 4. 90.

Miners'rights.\o. 15 Of

12 The Mining Act, 1.904-1.9:17.

miners' rights by virtue of which the claim orclaims is or are taken posssesimi of or held;and

(h) shall be granted to any company or co-operativebody of persons applying for the same on pay-ment of a sum at the rate of five shillingsmultiplied by the number of miners' rightsthe consolidated miner's right is to represent.

Office ofCompany.holdingminer's rightto he regis-tered.No. 15 of1904, s. 21.

No interestunder miner'sright to beheld by cer-tain aliens.No. 15 of1904, S. 24.

21. The office of every incorporated company holdinga miner's right or consolidated miner's right, and thename of the legal manager, representative, or attorneyof such company, shall be registered in the office of the-warden of every goldfield or mineral field or district inwhich any mining tenement of such company is situated.

22. Every miller's right shall be.signed by the personwho issues the same, and

(1) shall state the date and place of issue;(2) shall state the name in full of the person in

whose favour it is issued; and(3) shall be in force for one year from the date of

issue.

23. No miner's right shall be issued to or held by anyAsiatic or African alien, nor to any person of Asiatic orAfrican race claiming to be a British subject without theauthority, hi writing, of the Minister first obtained.

24. No Asiatic or African alien shall hold any interestby virtue of a miner's right, nor shall any person ofAsiatic or African race, claiming to be a British subject,be entitled to hold any such interest without the authority,in writing, of the Minister first obtained.

25. Save as provided by regulations, a miner's rightshall not be transferable.

26. The holder of a miner's right shall, subject to thisAct and the regulations, he entitled (except as againstHis Majesty)—

(1) to take possession of, mine, and occupy Crownland. for mining purposes ;

Particular.to be statedin miner'sright.No. 15 of1004. s. 22.

Miners' rightsnot to issueto certain

No. 15 of1904, s. 23.

Miner's rightnot trans-ferable.No. 15 of1804, s. 25.

Privilegesconferredby miner'sright.No. 15 of1901, s 26.


(2) to take possession of and occupy Crown land asan authorised holding;

(3) to cut, construct, and use races, dams, drains,wells, reservoirs, roads, and tramways whichmay he required for mining purposes throughand upon any Crown land;

(4) to take or divert water from any natural spring,lake, pool, or stream situate in or flowingthrough any Crown land, and to use, sell, anddispose of such water for any purpose in con-nection with mining;

(5) to bore, or by other means sink for, collect, andstore water on any Crown land, and to use,sell, and dispose of such water for any pur-pose connected with mining;

(6) to use by way of an easement any unoccupiedCrown land;

(7) to erect and remove any building or structureon any Crown hind lawfully occupied;

(8) to cut and remove any live or dead timber formining purposes from any Crown land, for hispersonal use, subject to the provisions of anyAct relating to Crown lands and the regula-tions thereunder for the preservation of tim-ber in force for the time being;

(9) to remove any stone, clay, or gravel for his per-sonal use in connection with mining from anyCrown land not exempted from mining opera-tions;

(10) to take possession of and occupy, with theapproval of the warden as to locality, the sur-face of any Crown land, not exceeding oneacre, for the purpose of residence or business;but no locality within three miles from thenearest municipality or townsite shall beapproved by the warden without the consentin writing of the Minister;

(11) to take possession of and occupy, for residenceor business, such portion of the surface of anyCrown land as may be reserved or speciallyset apart for such purpose, and open to selec-tion.

14 The, Miming Act., 1904-1937.

27. Any number of miners not exceeding ten may,suAe.et. to this Act and the regulations, jointly takepossession of, mine, and occupy Crown land as a claimor claims.

28. The undermentioned Crown lands shall be ex-empt from occupation by the holder of a miner'sright:

(1) Land already occupied by virtue of a miner'sright;

(2) Land in lawful occupation as a yard, garden,orchard, or cultivated field;

(3) Land in actual occupation on which a house orother substantial building has been erected;and

(4) Land on which an artificial dam or reservoirhas been made or a well or bore sunk:

Provided that any such land, not heing a claim. maybe occupied as a claim

(a) if the miner shall tirst make compensation forany improvements to the occupier of the laud,such compensation to be assessed by the war-den; or

(li) for mining below the surface on conditions pre-scribed by the regulations.

29. Notwithstanding any provisions to the Contra rY,the Gove.rnor may at any time, by notice in the G i •erv-meat Gazette, exempt from occupation or fnrther occu-pation by the holder of a miner's rtght any specifiedportions of Crown lands or any class of Crown lands.

30. The Governor may authorise any holder of aminer's right or the holders of miners' rights e• iler-

(a) to occupy, for mining., ally Crown land ex-empted from occupation under the last pre-ceding section;

(b) to mine upon or under any load., streut, high-way, navigable waters, or reserve; or

(c) to construct drives under such hind,subject to such conditions and restrictions as ma> boprescribed.

Privilegesniny l,e

7creisedjointly.No 15 of1294. s. 27.

Exemptionof certainlands fromoccupation' inter miner'sright,Nn. 15 of1904, s. 28.

i'oN■ cc toexempt otherhinds.2..o. 15 of

1tn4, s. 29.

*kilning on

No, 1.5 ct1901, s. 30.

The MilliIty Act, 1904-1937. 15

The Minister on receipt of an application under thissection shall cause notice thereof to be published in theprescribed manner, and no authority to mine shall begranted if, in the opinion of the Minister, any valid ob-jection is lodged within the prescribed time after publi-cation of such notice. The stun of five pounds shall bedeposited with every application to meet the cost ofpublishing notice thereof, and of an inspection of andreport upon the land applied for.

Where any such land is situated within a municipality,a copy of the application shall be delivered or sent bypost to the mayor.

31. (1) Any person taking up and occupying Crownland by virtue of a miner's right shall, subject to theprovisions of this Act and the regulations, be deemed inlaw to be possessed (except as against His Majesty) ofsuch land so taken up and occupied; and

(2) All gold and minerals found upon any land sotaken up and occupied for the purpose of minirig forgold, and all minerals found upon any land so taken upand occupied for the purpose of mining for minerals,shall be the absolute property of the holder of suchminer's right in lawful occupation of such land.

Title to landunek-r miner'sright.No. I 6 of1904, g. al.

32. A warden may, subject to the regulations, wholly e i...xentpt.on

or partially exempt any land held under a miner's right Nfronn.yobfour.

from the prescribed conditions of labour, occupation, or 1904 ' s. "2.

use, for any period not exceeding six months, but anyapplication for exemption for a longer period than four-teen days shall be heard in open Court.

33. A miner's right and all rights and privileges con-ferred thereby shall, on the death or bankruptcy of theholder thereof, devolve upon his legal personal repre-sentative, or the receiver, trustee in bankruptcy, orliquidator, as the case may be.

DevoluCtonon donut (11'bankruptcy.No. 15 of1904, s. 33.

34. No right or privilege shall be acquired as against Compensationfor improt e•His -Majesty by virtue of a miner's right, but upon any wants onland beigeland occupied under a miner's right being exempted taken (orp ublic pm--

from further occupation and reserved for any public OEOS•

purpose, the holder shall. be paid the value of any sub- No 15 of1904. s. 34.

1.6 The Mining Act, 1904-1937.

stantial buildings thereon bona fide erected and used forresidential or business purposes, to be assessed in theprescribed manner and time by the warden.

aluation of 35. Upon any land bona fide and lawfully held underimprovementson sale. a miner's right for the purpose of residence or business.No. 15 of1904, b. 35. and registered as prescribed, being included in a town-

site or declared open for sale, the holding may, subjectto this Act and the regulations, continue until the landis sold, and prior to any sale the value of any substan-tial buildings erected thereon before such land was in-eluded in the townsite or declared open for sale, shallbe assessed by the warden.

36. The value so ascertained shall be added to the up-set price of the land without such buildings, and shalltogether therewith be and constitute the actual upsetprice of the land, and if the registered holder shall bidsuch last-mentioned upset price or more, and shall bethe highest bidder for the land, the value aforesaid shallbe deducted from the amount of such bid, and the bal-ance shall . be the purchase money for the land; but ifany other person than such bolder shall become thepurchaser of the land, and shall pay for the same, suchholder shall be entitled to receive out of such purchasemoney the ascertained value of the improvements.

Miner after 37. Where it is proved to the satisfaction of a wardentwelve

that any substantial building of the. prescribed valuemonths'possessito have right has been made upon land held under a miner's right, andof pre-emption. actually occupied for residence or business for a periodNo. 15 of3904. s. 37.

of at least twelve months, the warden may grant to theregistered holder a right of pre-emption.

On such right being registered, the holder, in the event:of the land being thrown open for sale, shall have theexclusive right of purchasing the land on which suchimprovement has been made, at the upset price to bedetermined by the Minister for Lands, for three monthsafter the service upon such holder of notice that ti n tland is intended to be thrown open for sale.

38. (1) The holder of a miner's right may, at anytime within thirtydays before the expiration of its cur-rency, apply to the Minister or any warden for a newminer's right, to be dated as of the date of such expira-tion.

Miner toreceive thevale ofimprovementsNo. 15 of1004, 36,

Post datingof minersrights.No. 15 of1901 , s. 38.


(2) Upon production by the applicant of the expiringminer's right, and on payment of the sum ordinarilypayable for a miner's right or consolidated miner'sright, as the ease may be, the Minister or warden mayissue or cause to be issued a miner's right, dated as ofthe day of such expiration, which shall have the sameforce and efficacy as if it had been issued on that day.

39. (1) The holder of a miner's right may, at anytime within thirty days after the expiration of its cur-rency, apply to the Minister or any warden for a newminer's right, to be dated as of the date of such expira-tion.

(2) Upon production by the applicant of the expiredminer's right, the Minister or warden may issue, orcause to be issued, a miner's right, dated as of the dayof such expiration, which shall have the same force andefficacy as if it had been issued on that day.

(3) If the application is made within seven days aftersuch expiration, the fee payable for the new miner'sright shall be the ordinary fee payable for a miner'sright or consolidated miner's right, as the case may be;but if the application is made after seven days fromsuch expiration, a fee of two shillings and sixpence shallhe payable for the new . miner's right or for each miner'sright represented by a consolidated miner's right, in ad-dition to the ordinary fee.

40. No person shall commence any proceedings in awarden's court, or counter-claim-

(a) to recover possession of any claim or auth-orised holding or any share or interest there-in ; or

(b) to recover damages for, or to restrain theoccupation. of, or endoachment upon anysuch claim or authorised holding or any partthereof ; or

(e) to obtain any relief in respect of any claim orauthorised holding as joint tenant, tenant incommon, co-partner, or co-adventurer againsthis joint tenant, tenant in common, co-partner,or co-adventurer ;

unless such person is the holder of a miner's right:

littlipacily to,,ue without

ri gh I.N ,. 13 of191)4. s. 40

Auie•ilatingof miners'rights.No. 15 of1004. s. 30.

18 The Mining _let, 1904-2937.

Provided that this section shall not extend or applyto a beneficiary who seeks to enforce the fulfilment ofa trust with respect to any such claim or authorisedholding.

41. Any mining tenement of which any person mayhave taken possession by virtue of a miner's right shall,on such person ceasing to be the holder of a miner'srigid:, be deemed abandoned.

PART V.—Mr:TING LEASES.

Division i.—Gold 'Mining Leases.Power to 42. The Governor may, subject to this Act and thegrant leases.No. 15 of regulations, grant to any person, not being an Asiatic or1904, s. 42. African alien, a lease of any- Crown land, not exempted

by the next following section, for any or all of the under-mentioned purposes, that is to say

(1) for mining for gold, and for a/1 purposes neces-sary to effectually carry on such miningoperations therein or thereon;

(2) for cutting and constructing thereon water races,drains, dams, reservoirs, roads, and tram-ways to be used in connection with such min-ing;

(3) for erecting thereon any buildings or machineryto be used in connection with such mining;

(4) for boring, or sinking for, pun ping, or raisingwater ;

(5) for residence thereon in connection with any orall of such purposes.

Exemption ofland frontlease.No. 15 of1004, s. 43.

43. The. undermentioned lands shall be exempted fromlease under the powers conferred by the last precedingsection

(1) Land which in the opinion. of the Minister islikely to contain alluvial gold, except such landas in his opinion(a) has been already worked a id abandoned;

or(b) is suitable for leasing on , account of its

great depth or excessive wetness, or onaccount of the costliness of the appli-ances required for its development; or

Abandonmenby nort-re-iiewal ofright.Nn. 15 of1904. s. 41.

The 3fining Act, 1904-1937. 19

(c) for any sufficient reason ought not to beexempt from lease.

(2) Land occupied by virtue of a miner's right, un-less the holder consents to the leasing of suchland:

Provided that a gold-mining lease may hegranted of any such land, not being a claim

(a) if the person applying for the lease shallfirst make compensation for any im-provements thereon to the holder ofthe land, such compensation to beassessed by the warden; or

(h) for mining below the surface of suchland on the conditions prescribed byDivision three of this Part of this Act.

44. The area. of any land comprised in a gold-mininglease,-

(].) in the case of land within paragraph (a) or (b.)of subsection one of the last preceding section,shall not exceed forty-eight acres; and

(2) in all other cases shall not exceed twenty-fouracres;

and the length of any such area, where practicable, shallnot exceed twice the width thereof.

Area of gold-:aiming lease.No. 13 of1904, s. 44.

45. The term of any gold-mining lease shall not exceed •orm:

twenty-one years from the first day of January next pre- t..1o.7',°145.ceding the approval thereof, but every lessee shall, atthe expiration of his lease, have a right to renew the samefor a further period of twenty-one years, subject to theActs and regulations relating to gold-mining leases inforce at the time of such renewal.

46. The yearly rent of every gold-miing lease shall Itonl.Vo. 16 ofbe at the rate of five shillings an acre for the first year, 31104, s. 46.

and of one pound an acre for every subsequent year, pay-able in advance at the times and b. .11,1 manner pre-scribed ; but the Governor may, if he thinks fit, on theapproval of an application, require the rent to be at therate of one pound an acre from the commencement of thelease.

20

Les ACC tohave ex-clusive rightof mining.No. 2 of190-1. s. 47.

Power togrant mineralleases.Nn. 15 of1904. s. 48.

The Alining Act, .190419V.

in the case of any land within paragraph (a) or (b),hi subsection one of section forty-three, the yearly rentmay be such slim, not, being less than fve shillings anacre or more than one pound an acre, as the Governormay determine.

47. After the approval of an application for a gold-mining lease, the lessee shall have the exclusive right ofmining for gold and other minerals in and on the landdemised and every part thereof.

Division 2.—Mineral Leases.48. The Governor may, subject to tkis Act and the

regulations, grant to any person, not being an Asiaticor African alien, a lease of any Crown land, not exemptedby the next following section, for any or all of the under-mentioned purposes, that. is to say-

) for mining, and for all purposes necessary toeffectually carry on mining operations thereinor thereon for any mineral other than gold;

(2) for cutting and constructing thereon water races,drains, dams, reservoirs, tramways and roadsto be used in connection with such mining;

(3) for erecting thereon any buildings and machin-ery to be used in connection with such min-ing;

(4) for boring or sinking for, pumping, or raisingwater;

(5) For residence thereon in eonnection with any orall such purposes.

49. The undermentioned lands shall be exemptedfrom lease under powers conferred by the last preceding

Exemptionof land r. fromminerallenses.No. '5 of section—1904, s. 49.

(1) Land which is proved to the satisfaction of theMinister to consist of payable alluvial ground,except such land as, in the opinion of theMinister

(a) has been already worked and aban-doned; or

(b) is suitable for leasing on account of itsgreat depth, or excessive wetness, oron account of the costliness of theappliances required for its develop-ment; or


(c) for any sufficient reason ought not tobe exempt from lease.

(2) Land occupied by virtue of a miner's right, un-less the holder consents to the leasing of suchland :

Provided 'that any such land not being aclaim may be included in a mineral lease

(a) if the person applying for the leaseshall first make compensation for anyimprovements thereon to the holderof the land, such compensation to beassessed by the warden; or

(b) for mining below the surface on the con-ditions prescribed by Division threeof this Part of this Act.

50. (1) The area of any land comprised in a minerallease shall be such as may be prescribed, but

(a) in the case of land within paragraph (a) or (b)of subsection one of the last preceding sectionshall not exceed ninety-six acres ; and

(b) in all other cases shall not exceed forty-eightacres.

(2) The length of the area, as far as practicable, shallnot exceed twice the width thereof.

(3) This section does not apply to coal-mining leases.

51. Every mineral lease shall be granted for the work-ing of some mineral or combination of minerals to bespecified therein, and every such lease shall, subject ashereinafter provided, contain a reservation of all goldfound in the land.

Area ofn ineral lease.No. 15 of1904.s. 50.

1 ease to begranted forspecifiedminerals.No. 15 of1904. s. 51.

52. Except as provided in section fifty-six, the area of Area of coal-

land comprised in a coal-mining lease shall not exceed 7,71Vore.three hundred and twenty acres. 1904, s. 52.

53. The term of any mineral lease shall not exceedtwenty-one years from the first day of January next pre-ceding the approval thereof, but the lessee shall, at theexpiration of his lease, have a right to renew the lease

Term.Yu. 15 of1904, a. 53.

22 The Mining Act, 1904-1 9J7 .

for a further period of twenty-one years, subject to theprovisions of the Act and regulations relating to mineralleases in force at. the lime of such renewal.

Rent. 54, The yearly rent of every mineral lease, except aNo.15 of1901, s. 54. (mainlining lease, shall be at the rate of five shillings an

acre, payable in advance at the time and in the mannerprescribed:

But in the case of any land within paragraph (a) or(h) of subsection one of section forty-nine, the yearlyrent may be any lesser sum, not being less than “vo.shillings an acre, as the Governor may determine.

Rent for coal . 55. The yearly rent of land leased for the purposemining lease.No. 15 of of mining for coal shall be at the rate of sixpence an1904.8. 55. acre, and there shall also be reserved by the lease a

royalty at the rate of threepence for every ton of coalraised from the land during the first tea years of theterm of the lease, and at the rate of sixpence for every.Lou raif3ed timing the remainder of the term.

Special pri-vilege todisoot erersof coal.No. 15 of1901, s. 56. (1) Discovers payable coal at. a distance of not tUbt.",

than fifteen miles from any payable e,a1 pre-viously discovered; or

(2) Discovers a seam of payable (•al at a depth ofnot less than six hundred feet from the Sur.race,

he shall be entitled to a lease of six hundred and fortyacres of land, if available, free of royalty for ten years.and the royalty payable thereafter in respect of coalrai sed shall, in the first-mentioned case as to all coal,and in the second case as to all coal raised From a depthexceeding six hundred feet, he at the rate of one pointyfor every ton.

Tn. this section the term "payable" applied to coalor to a seam of coal, means coal of such quality andthickness that. it can, under ordinary circumstances, heworked at a profit.

56. -When a miner, b(.6lig the holder of a prospectingarea


57. When gold . is found associated or combined withany other mineral in land held under a mineral lease,

• but not in sufficient quantity, in the opinion of the Min-ister, to make gold the most profitable metallic productof the ore, and gold is recovered in the course of suchoperations, the lessee shall pay to the Minister a royaltyof one shilling for every ounce of fine gold so recovered.

58. When gold is found in any land held undermineral lease

(1) in association or combination with the mineralspecified therein; or

(2) otherwise than in association or combinationwith the mineral specified therein,

the lessee shall forthwith report the same to the Min-ister, and the Minister, if satisfied that

(a) gold is the most profitable product of the ore; or

(b) the deposit of gold can be profitably worked,

may require the lessee, after thirty days' notice in writ-ing, to surrender the mineral lease, or any part thereof,and take up a gold-mining lease or lenses of the landsurrendered:

93

Royalty pay-able foe goldfound in combination Withtilerminerale.No. 15 of1904. s. 57.

Prom ain,: sapplicablwhen golddi;.co, onmineralloose.No. 15 of1904, $. 59.

But the lessee may, if he so desires, retain the-min-e.ral lease on undertaking to the satisfaction of the Min-ister to pay a royalty of ten shillings for every ounceof fine gold recovered from the land comprised therein.

59. If a lessee desires to mine for-any mineral otherthan that specified in the lease, he may apply to theMinister for permission to do so, and the Minister maygrant such permission subject to such royalty as he maythink fit, and alter or vary the covenants and conditionsof the lease so as to make them applicable to miningfor such other mineral.

If a lessee mines for any such mineral without obtain-. jug such permission he shall, apart from the conse-

quences of the breach of covenant, be liable to a penaltynot exceeding five pounds for every day on which heshall offend.

Permissionmine for °thoumiff eralii.No. 15 of1904. s. 59.


60. 11 the lessee of any mineral lease neglects to dulyreport. the discovery of gold, or mines for gold other-wise than in association or combination with any othermineral, not being lawfully authorised to do so, themineral lease shall be liable to forfeiture.

24

Penalty formining forgold in amineral tenseNu. 15 of1904,s, 60.

Lenses ofreserves andauthorisedholdings.No. 15 of1204, s. 61.

Covenants bylessee.No. 15 or1904, S. 62.

Division 3.—Mining Leases of Reserves and AuthorisedHoldings.

61. (1) A mining lease may, subject to this Act andthe regulations, be applied for and granted of any landcomprised in a townsite, suburban area, or other re-serve, or in any authorised holding.

(2) The lessee shall not be entitled to disturb the sur-face of any street, road, or other reserve, or do any actwhich may affect the use or enjoyment thereof, exceptso far as he may be expressly authorised to do so by thelease, or with the permission, in writing, of the Minister,and then only upon such part of the reserve and uponsuch conditions as the Minister Ma y prescribe.

(3) The lease shall, as far as regards any laud com-prised in an authorised holding, be deemed to be of themines wider such land, and not of the surface of theland; but the surface may be resumed under such con-ditions as may be prescribed.

(4) If the lessee does any unauthorised injury to suchsurface, or does any act affecting or disturbing the useand enjoyment thereof, he shall make compensation toany person entitled to the surface, or charged with thecare and management thereof, for all such damage.

(5) Any claim for compensation shall be made withinthree months after the right to make such claim hasaccrued, and shall be determined by the warden.

62. (1) Every lease granted under this Division formining below the surface shall contain and he subjectto covenants on the part of the lessee

(a) not to mine within such distance of the surfaceof the land comprised in the lease, not beingless than forty feet, as may, in the opinion ofthe Minister, endanger the safety of anybuildings erected or that. may be erected onsuch surface; and


(b) to make good any subsidence caused by miningbelow the surface, and to pay to the personor persons entitled to the same. damages forall injury caused by such subsidence.

(2) Every such lease shall confer on the lessee onlysuch powers and authorities as can actually or reason-ably be exercised at such. depth below the surface asshall be specified in the lease.

63. Any person may object to the granting of a leaseunder this Division within the time and in the mannerprescribed; and every objection shall be dealt with inthe manner provided in Division four.

Objec.tions.No. 15 of1904, s. 63.

64. Any damage sustained hy any person in respect Damages re-

of injury done to the surface of any reserve or autho- cover:Ole inWarden's

rised holding, and which any other person is liable topay, may be recovered in the warden's court. 1904,

LS ofNo.04, s. 64.

2 5

65. (1) Every lease granted under this Act as a tail-ings lease shall be held under and subject to Division(3) of Part V. of this Act relating to mining on autho-rised holdings, and a tailings lease shall be deemed tobe an authorised holding for the purposes of that 'Divi-sion.

(2) The lessee of any mining lease for mining belowthe surface of the area comprised in a tailings lease, andany person lawfully claiming under him, may, with theapproval of the warden and subject to the payment ofsuch compensation, if any, and to such conditions as thewarden may think fit to allow or impose, make use of themining shafts, if any, on the tailings lease.

(3) The Governor may resume from a tailings leasesuch rights as may have been conferred thereby on thelessee beyond the surface rights, and such other rightsas are necessary for and incidental to the use and en-joyment of the demised area as a tailings lease so faras the resumption may be necessary to give effect tothis section.

(4) This section shall apply to tailing leases grantedbefore or after the commencement of this Act.

Tailingslease.mooned byNo. 12 of1923. s. 9, ass. 39 of No.50 at 1920,rennir.bereds. 65 in re-Print 1 1926.

26

Right. ofentry pendingApplication.No. )5 of1904, 8. 117.


Division 4.—Pro visions velating to Leases generally.E6. When application is made under this Part, or

Part VII I. of this Act, for a. lease of any land a part orthe whole of which is held by the applicant 111141 amincr's • right, such interest of the applicant shall not be.prejudiced by the application, or the refusal, abandon-meld., or failure thereof.

If such lease is granted, the interest of the applicantheld under his miner's right shall merge ill the interestheld by him under the lease.

67. (1) Every application for a lease

(a) shall he made in the prescribed form;

(b) shall he accompanied by the survey fee and the.rent for the first year or portion thereof, asprescribed; 811(1

(e) sh all be lodged with the warden of the gold-field or mineral field in which the land appliedfor is situated.

(2) Li the event of more than one application beingmade for a lease of the same land or any part thereof,the applicant who shall have first taken possession of andmarked out the land in accordance with the regulationsshall have priority.

68. An applicant for a lease may take possession ofand hold the land applied for pending the application ;but, subject to the regulations, any miner may, at anytime before the approval of the application for the lease,enter upon the land for the purpose only of searchingfor and obtaining alluvial gold or alluvial minerals.

Effect/ ofPPlien Lion

tor leaseupon landheld tinderminer's tightNo. 15 of1904. s. 65.

Applicationfor lenses--ho' made.No. 15 of1904, s. 68.

se,

Land applied 69. Except as provided by section sixty-eight., thefor pro•tccied entry upon, occupation of, or interference with nay landnguirmt other -peronos. of winch a lease has -been applied for, by any person whoNo. 5 of3904. s. 68. shall not, prior to such application, have been in the law-

ful occupation of such land, at any time after the lodgingof such application, mid unless and until such applicationis refused, or unless such entry, occupation, or inter-ference i.s authorised by the Governor, shall be deemed atrespass.


The applicant for the lease may proceed in the war-Lien's court for such trespass, and for damages in respectthereof, and for the recovery of any gold or mineraltaken by the trespasser from the land or the value there-of; but any gold, or the value. thereof, so recovered shallbe held by the warden pending the application for lease,and if the lease is refused may be claimed by theM inister:

Provided that no applicant shall succeed under suchprocedure who fails to prove to the satisfaction of thewarden that he has complied with the regulations applic-able to the class of lease applied for, so far as such regu-lations at the time of such entry, occupation, or inter-ference were capable of being complied with:

Provided also that all entry for the purpose only ofmarking out and posting notices upon the land shall nothe deemed a trespass under this section:

70. Every application for a lease shall be heard by thewarden . in open court after the expiration of thirty daysfrom the receipt thereof, on a day to be appointed by him.

71. Any person who, within the prescribed time andin the prescribed manner, shall lodge at the warden'soffice notice of objection, may be beard in opposition toan application.

lienring ofapplication.No. 15 of1904. S.

Objections.

1015 of

04. S. 70.

72. When an objection has been lodged against an Postponementof survey n/1

application, the applicant shall not be required to proceed objeetion

with the survey unless, in the opinion of the warden, a toting lodged.No. 15 of

survey will materially assist him in coming to a decision 1904, s. 71.

upon such objection.

73. Upon the hearing of the application, the wardenshall take such evidence on oath as may be tendered bythe applicant and by any objector, and may, if he thinksfit, take the evidence of any other person.

Evidence.No. 15 of1904. a. 72.

74. The warden may from time to time adjourn thehearing and may direct an inspection of the land and areport to be made by any person appointed by him.

Warden mayadjourn hearing anddirect i n spec.Lion of land.No. 15 of1904, s. 73.


If such person shall report that the land is known tocontain, or is likely to develop alluvial, the warden may,from time to time, postpone his recommendation for suchtime as he may think fit, but not exceeding in the wholetwelve months.

report.No. 15 of practicable after the hearing, transmit to the Minister,1904, s. 74.

for the consideration of the Governor, the application. andnotices of objection (if any), with the notes of evidenceand the plans and other documents referred to therein,and his report recommending the granting or refusal ofthe lease.

Warden to 75. Subject as aforesaid the warden shall, as soon as

The grantingof all leasesat discretionof Governor.No. 15 of1004, s . 75.

Notice ofgranting oflease to begarotted.No. 15 of1.904, s. 76.

76. (1) The granting of a lease shall be in the abso-lute discretion of the Governor notwithstanding that theapplicant may or may not have in all respects compliedwith the provisions of this Act and the regulations.

(2) No lease granted. before the commencement of thisAct shall be prejudiced or affected by any non-compliance,prior to the granting thereof, with the provisions of anyAct or regulations in force at the time such lease wasapplied for.

77. On the approval or refusal by the Governor of anapplication for a lease, notice thereof shall be publishedin the Government Gazette, and every such notice shallhe Viiinei facie evidence of an agreement by the Governorto grant the lease, subject to such conditions as may betherein stated, or of the refusal thereof, as the easemay be.

Applicationfor lease ma1,be postponed.No. 1d of1904, s. 77.

78. The Governor may, instead of granting or refus-ing to grant a lease, postpone dealing with an applicationfor such time as he may think fit, and grant the applicantpermission in the, meantime to work the reef or lode onthe land applied for on all or any of the terms and con-ditions as to rent and otherwise as the applicant wouldhave been subject to if a lease had been granted, but sub-ject to the privileges conferred on miners by sectionsixty-eight to search for and obtain alluvial pending theapplication.


79. The applicant for a lease, in the event of the re- Alluvialreward claim

fusal of his application, and of the land applied for being stns begnu- ted onexempted from lease as alluvial ground, 'may, subject to ref Mita of

leas!.the regulations, obtain an alluvial reward claim for any No. 15 nf

new discovery of alluvial made by him within the boun-1904. 78.s.

daries of the land applied for.

80: (1) Every lease shall contain and be subject tothe prescribed covenants by the lessee and conditions,and particularly

(a) a covenant to pay the rent at the prescribedtimes;

(b) a covenant to use the land continuously and bonafide exclusively for purposes for which it isdemised, and in accordance with the regula-tions;

(c) a covenant to work the ]and demised in accord-ance with the regulations, unless exemption orpartial exemption is granted, in such manneras may be prescribed;

(d) a. covenant not to assign, underlet, or part withpossession of the land, or any part thereof,without the previous consent, in writing, ofthe Minister, or of an officer acting with theauthority of the Minister;

(e) a condition for the forfeiture of the lease on com-mission of a breach of any of the covenants bythe lessee;

(f) A proviso that the Governor may, in his discre-tion, upon any breach of covenant by thelessee, impose a fine not exceeding five hun-dred. pounds as an alternative to the forfeitureof the lease.

(2) On the lease being approved by the Governor thelessee and his assigns shall be deemed to have enteredinto such covenants, and to be subject to such conditions,whether the lease shall have been actually executed bythe lessee or not.

Covenantsand condi•dues oflease.No. 15 of1904, s. 79.

81. Every lease shall be dated as of the day of the Registration:Ind issuenotification of the approval thereof in the Government crease.

Gazette, and shall be executed in duplicate by the Min- No. 15 of1904. s. 80.

30

The alining Act, 1904-1937.

i.ster, and registered in the .11epartment of Alines atPerth. One shall be endorsed with the word "original"and filed, and the other shall be endorsed with the word"duplicate," and shall be issued to the lessee on pay-/aunt of a fee of one pound.

Transfitrs. 82. (1) A lessee or an applicant for a lease may,o. 33 of901. s. Sl. with the approval, in writing, of the Minister, or of an

officer acting with the authority of the Minister, trans-fer, sublet, mortgage, encumber, or otherwise deal withthe lease or application:

But no transfer, suhlease, mortgage, encumhramyi. orother h./strut/tent shall he effectual to pass ;my estateor interest in a lease or application for a lease, or inany way charge or encumber the same, until registeredin accordance with this Act and the regulations.

(2) Every instrument presented for registration,except instruments of transfer, shall be in duplicate,and one shall be endorsed with the word "original"and filed "with' the other shall ho endorsed with the word"duplicate" and returned to the person presenting theinstrument £01' registration.

(3) if any question or dispute shall arise as to thecontents of any lease or other instrument, the original,as filed, shall be conclusive.

Register oflea aes.So. 15 of904. s.

83. There shall be kept at the Department of Minesin Perth for each goldfield a book to be called ''TheRegister of Gold Mining Leases," and for each mineralfield a book to he called "The 'Register of MineralLeases," wherein shall be registered all applications forlenses, transfers, subleases, liens, charges, and enmun-brarices, and other dealings or transactions.

Such. books and all registered instruments shall beopen to public inspection on payment of the prescribedfee.

Local 84. There shall be kept at the office of every wardenregister a.No. 15 of an. official copy of the Register of Gold Mining Leases

s. and of the Register of Mineral Leases relating to thegoldfield or mineral field in which such office is situated,awl the same shall. be open to public inspection on pay-ment of the prescribed fee.

• cuery-


85. . Except in the case of fraud, no person dealingwith a registered applicant for, or holder of, a leaseshall be required or in any way concerned to inquireinto or ascertain the circumstances under which theregistered applicant or holder or any previous holderwas registered, or to see to the application of any pur-chase or consideration money, or be affected by notice.,actual or constructive, of any unregistered trust or in-terest, any rule of law or equity to the contrary not-

. withstanding, and the knowledge that any such un-registered trust or interest is in existence shall not ofitself be imputed as fraud.

se. A lessee may, with the approval in writing ofthe Minister, erect or permit to he erected on the landdemised a church or public building, and, with the likeapproval, permit any person to carry on the businessof an eating-house keeper for the use and convenienceof the men employed on the lease.

87. (1) Two or more adjoining leases the propertyof the same lessee, and the aggregate area of which doesnot exceed ninety-six acres, may be amalgamated onapplication to the Minister in the prescribed form, andon payment of the prescribed fee.

(2) After the commencement of this Act no amalga-mation of leases shall be permitted if, in the opinion ofthe Minister, the length of red or lode exceeds sixty-six chains in the case of a gold-mining lease, or ninetychains in the case of a mineral lease.


88. (1) The Minister may, in his discretion, permitthe. amalgamation of leases the aggregate area of whichexceeds ninety-six acres, if the workings are chiefly con-fined to a reef or lode having an underlay, and it isshown to the satisfaction of the Minister that it is neces-

. sary, by reason of the underlay, that the lessee shouldhold such larger area to enable him to work, within hisown boundaries, the reef or lode to a depth not exceedingthree thousand feet measured on the underlay.

31.

rerdon deal -log withragisteredproprietornot affectedby unregis•tared in.invests.No.15 of1)04, e. 84.

Permit 10erect chord,,

Nn. /6 of1!:94. S. 67.

Artalgumationof leases.Nc. 16 of19J4. 5.80.

A itinlg8 motionof lensestinder *Pedalcircum-stances.No. 16 of19(.4, s. 87.

3 9The Mining Act, 1904-1937.

(2) But the Minister may

Amalgamationofe Dal-mining leases.No. 15 of1904, s. 88.

(a) before permitting amalgamation, require suchprospecting work as he may prescribe to becarried out to his satisfaction on all Or anyof the leases proposed to he amalgamated,except those on which the principal workingsare situated; and

(b) from time to time impose such conditions ashe may think fit as to the working of anyreef or lode, or other mineral deposit provedto exist; mid

(e) from time to time restrict the area in respectof which amalgamation has been permitted,if in his opinion the underlay has so changedthat the amalgamated area is in excess ofthat required to work the reef or lode on Umunderlay to a depth of three thousand feet,or if in his opinion any gold or mineral de-posits discovered subsequent to the amalga-mation are of such importance as to requireseparate working.

(3) No amalgamation of leases shall be permitted if,in the opinion of the Minister, the length of reef or lodeexceeds sixty-six chains in the ease of a gold-mininglease, or ninety chains in the case of a mineral lease.


89. Two or more coal-mining leases the property ofthe same lessee, and the aggregate area of which doesnot exceed two thousand five hundred and sixty acres,or, where the seam is at a depth exceeding one thousandfeet, five thousand one hundred and twenty acres, may,in the discretion of the Minister, he amalgamated onapplication in the prescribed form and on payment ofthe prescribed fee.

Cancellationof amalga-mation.No. 15 of1904, s. 89.

90. (1) Any amalgamation of leases may be cancelledby the Minister

(a) at the request of the lessee; or

(b) on the transfer, surrender, or forfeiture of anylease included in the amalgamation.


(2) The Minister may, in his discretion, cancel anyamalgamation of leases effected before the commence-ment of this Act, and require the lessee to apply for anamalgamation under the provisions of this Act.

91. An amalgamation of leases shall extend only tothe labour covenants of each lease so amalgamated, andthe labour to be employed on the aggregate area shallbe the sum of the labour required in respect of eachseparate lease.

Effen, ofluau Mama lion.No. 15 of1904, s. 90.

92. Tdtal or partial exemption Ironn the labourcovenants of any mining lease may be granted by theMinister, when it is shown to his satisfaction by evidencetaken by the warden on oath in open court, that anyof the following grounds for exemption exist :—

(1) Want of capital, after a fair sum shall have beenexpended on the lease in work, labour, ormaterial.

(2) That time is required for the erection ofmachinery.

(3) The influx or scarcity of water.

(4) Scarcity of labour.

(5) The collapse of the working shaft.

(6) That the mine is, for some other cause, tem-porarily unworkable.

(7) The death of the owner or one of several jointowners.

Exemptionfrom labour.No. 15 of19C4, s. 91.

(8) That the owner or owners require to be absent,for some sufficient reason, from the locality,or is or are unable, by reason of sickness orother sufficient cause, to work the mine.

(9) That the title to the mine is in dispute.

(10) That bankruptcy proceedings are pending; or

(11) That the owner of several adjacent leases de-sires to concentrate on one or more of themthe labour compulsory on such leases, and toobtain suspension of labour for the otherleases.


Application 93. (1) Every application for exemption shall be madeexennoThin. to the warden, or other officer authorised by the Minister,o. 15 of1904. a. 92. in open court, awl shall be referred to the Minister with

the notes of evidence and the warden or other officer'srecommenda ti on :

Provided that exemption for a period not exceedingone month may be granted without reference to theMinister.

(2) The Minister or the warden, or any officer author-ised by the Minister, may grant exemption for a periodnot exceeding fourteen days, without any hearing in opencourt; but every application to a warden or other officerfor a further period of such exemption shall he heard inopen court.

94. A lessee, in addition to any exemption grantedunder the preceding sections, shall, on application to theMinister in the prescribed manner, be entitled to exemp-tion from labour covenants for the periods hereinafterstated, that is to say

(1) four months' exemption shall be granted inrespect of any lease the property of workingminers, on proof to the satisfaction of theMinister that, for a period of eight consecutivemonths, such miners have, out of their Ownresources, continuously and bona fide workedthe lease:

(2) three months' exemption shall be granted inrespect of any lease

(a) the property partly of working minersworking such lease, and partly of per-sons who are not working miners butwho are providing funds for workingthe lease; or

(b) the property of a registered companyhaving a nominal capital not exceed-ing live thousand pounds,

on proof to the satisfaction of the Ministerthat for a period of at least nine consecutivemonths the lease has been continuously andbona fide worked;

Exemptionas of right.No. 15 of1904, s. 92.


(3) six months' exemption shall be granted inrespect of any lease or group of amalgamated

. leases, on proof to the satisfaction of the Min-ister that for every twenty-four acres heldunder a gold-mining lease, or for every forty-eight acres held under a mineral lease, thelessee has expended in mining or miningmachinery and . other mining requisites at leastone thousand five hundred pounds, independ-ently of the proceeds of any gold or mineralderived from the nine; and twelve months'exemption shall, in like manner, be grantedwhen the sum expended exceeds four thousandpounds for the above-mentioned areas; but onthe removal of any machinery from any suchlease or leases during the currency of theexemption, without the approval in writing ofthe Minister, the exemption shall become void,if such exemption has been granted in respectof expenditure on such machinery

Providcd that every such exemption may be granted onsuch conditions as to tribute, except in the main workingsof the lease, as the Minister may prescribe, and that noexemption shall be granted under this section in respectof any expenditure incurred prior to the date of anyexpired exemption granted under this section.

95. (1) Every application under the last preceding Evidence inanpport of

section shall be supported by a statutory declaration application.N. 15 of

stating the average number of men employed, the amount 19o04, s. 94.

expended Al wages, in the purchase of mining machineryand. other -requisites, and otherwise in carrying on miningoperations, and such other particulars as are prescribedor the Minister may require.

(2) The Minister shall direct evidence to be taken bythe -Warden or any other officer in open court.

(3) If a lessee or any person acting on his behalf sup-ports any application by misleading or false informationor evidence as to the ownership of the lease, or the workdone or money expended, he shall he liable to a penaltynot exceeding one hundred pounds, and the lease shall beliable to forfeiture by the Governor.

Notice to hegiven beforeforfeiture.No. 15 of1004. S. 96.


96. In the case of any lease granted for coal-ruiningthe Minister may, by a license under his hand, dispensewith the performance of the lessee's covenant to workthe mines continuously if, upon application in the pre-scribed manner, he is satisfied that the lessee has madereasonable efforts to work and develop the mine, andthat continued working would result in unnecessary lossto the lessee.

Any such license shall be for a period not exceeding sixmonths, and shall be subject to such conditions as theMinister may think fit.

A. license may be renewed from time to time for anyfurther period not exceeding six months upon a freshapplication, subject to similar conditions to those on whichthe license was granted, or different conditions.

97. A. lease shall not be forfeited. for breach of anycovenant not relating to labour, or to the inspection of themine or the working thereof, unless the prescribed noticeshall have boon given to the lessee by or on behalf of theMinister specifying the breach complained of and requir-ing the lessee to comply with the covenant within a ninelimited by such notice.

98. In ease any lease shall he liable to voidance., can-cellation, or forfeiture for breach of covenant or other-wise, the Governor may, subject to the provisions of thisAct, declare such lease void, and upon publication in theGovernment Gazette of notice of such declaration all theestate and interest in the lease of the lessee and any per-son claiming under him shall cease and determine; andthe production of the Government Gazette containing anotice as aforesaid shall be conclusive evidence in allcourts of a breach of covenant by the lessee or other causesufficient to authorise such declaration, and that all theestate and interest in the lease of the lessee and any per-son claiming under him have been lawfully determinedby re-entry:

Provided that the. Governor, may, for any cause whichhe may deem. sufficient, by any subsequent notice in theGovernment Gazette, cancel any notice of voidance, can-cellation, or forfeiture, and reinstate the lessee as of hisformer estate, and on any terms and conditions as re-

36

Est:Tubthinfrom thelabour condi-tions ofcoati mines.No. 15 of1904 . e5

Declaration idforfeiture ofI uvibe.Nu. 15 of19(14.1. 97.


Bards the lessee and any person who, since the for-feiture, may have been in lawful possession of the landor any part thereof, or anything lawfully done or sufferedsince the forfeiture, as to the Governor may seem fit.

99. On the determination by the Governor to void,cancel, or forfeit a lease, and upon the page of the Gov-ernment Gazette containing notice of such voidance, can-cellation, or forfeiture being posted rip in the office ofthe warden of the goldfield or mineral field in which thehind comprised in the lease is situated, but not beforesuch notice is so posted up, the land comprised in the]ease shall be open to selection:

Provided that, by the direction of the Minister, thenotice as published in the Covet-fitment Gazette may becommunicated by telegraph to the warden, and in suchcase the telegraph message posted up in the office ofthe warden shall be equivalent to the posting up of thepage of the Government Gazette containing such notice.

Publicationof notice offorfeiture.Nc. 15 of1904, 5. 98.

100. (1) Any miner who gives notice to the wardenin the ,wescribed manner that any land held under a

• mining lease is not being worked in accordance with theregulations, may apply to the warden for a forfeiture ofthe lease.

(2) Notice of such application, and of the time andplace appointed for the hearing, shall be given to thelessee; and if the lessee, on being served therewith, filesan answer, the warden shall require the applicant to;deposit the sum of ten pounds within seven days, to bedealt with as hereinafter provided, and, in default ofsuch deposit being made, may dismiss the application:

But if the warden, or in his absence the registrar, issatisfied that the application is made bona fide, or thatthe rent for the lease is more than thirty days in arrear,he may allow the applicant to proceed without such de-posit being made.

101. An application under section one hundred of thisAct for the forfeiture for breach of labour conditions

• of a mining tenement held by a company in process ofwinding-up, either voluntarily or by order of theSupreme Court, shall not be deemed . an action or pro-

- ceeding within the meaning of section one hundred and

Proceedingsfor forfeiturefor breach

labourconditions.No. 15 of/904, s. 99.

pplicatioufor forfeitureof miningtcoetnent ofrcinpany inproenni ofwintling•up.No. 22 of1921, a. 9,renumbered101 in roprintof 1925.

38

Hearing.No. 15 of1004, s. 100.

The Act, 1904-1937.

fourteen of the Companies Act, 1893, and, notwithstand-ing anything contained in that Act to the contrary, any-such application may be made, heard, and disposed ofwithout the leave of the Supreme Court, and the tene-ment shall he liable to forfeiture accordingly.

1:2. The application shall be heard in open court, andthe warden shall take such evidence on oath as may betendered by or on behalf of the applicant and the lesseerespectively, or of any other person he may think fit toexamine, and limy recommend the forfeiture of the lease,O r the imposition of a fine in lieu of forfeiture, or maydismiss the application.

lieposit. how 103. 011 the dismissal of an application, the wardendealt with.Nn. 15 of may award the whole or any part of the deposit of. ten3004, s. 101.

pounds to the lessee, but if the warden recommends aforfeitpie, or a fine in lieu of forfeiture, the deposit shallbe returned to the applicant.

104. If, in the opinion of the warden, an applicationis made for the purpose of defeating or escaping the

No. is of labour conditions of a lease, or there is collusion between1904. it 102. the applicant and the le,,ee, or the servant or agent of

the lessee, or any person interested in the lease, the war-den shall dismiss the application, and may direct pro-ceedings to he taken against the parties or such of themz-u: from the evidence may appear to be implicated.

-Warden to 105. Within seven days after the. conclusion of thereport toMinister. hearing of the application, the warden shall forward too 5 of19041.s.io3. the Minister the notes of evidence, with a report and

Ids recommendation (if any) on the case: and the .Min-ister may, before acting on any recommendation, requirethe warden to take further evidence or re-hear the ap-plication.

Proceedingsby theliovernorthereon.No. 15 of1PO4. s. 104.

106. The Governor may, as in his discretion lie thinksfit

(1) declare the lease forfeited;(2) impose a fine not exceeding five hundred pounds

a:: an alternative to forfeiture, and award thewhole or any part of the fine to the applicant;

(3) determine not to forfeit the lease or impose anyfine.

Warden todismisscollusive up-id/Cation.

39

Procedure inBose offorfeituro...No. 15 of1904. s. 105.


107. The Governor may, in his discretion, on the for-feiture of any mining lease

(1) grant to the applicant the prior right to theexclusion of all other persons for fourteendays next after the day on which notice offorfeiture is published as hereinafter pro-vided, to take possession and apply for alease of the whole or any part of the land,or to occupy the same as a claim; or

Reserve the land comprised in the lease ordirect the same to be leased by auction orpublic tender; and

'Where the land is leased by auction or publictender, direct any reasonable expenses in-curred by the applicant in relation to the tip-plication for forfeiture to be paid to hint.

108. The determination of the Governor under thetwo last preceding sections shall be published in theGovernment Gazette, and notice thereof shall also beposted up at the office of the warden:

Provided that, by the direction of the Minister, thenotice as published in the Government Gazette may becommunicated by telegraph to the warden, and in suchcase the telegraph message posted up in the office of thewarden shall be equivalent to the posting up of the pageof the Government Gazette containing such notice.

109. No lease shall be forfeited on the ground thatthe labour conditions have not been complied with ifthe lessee satisfies the warden in open court that he hasbeen unable to comply with such conditions in conse-quence of a general strike among the persons engagedin mining in the district.

110. (1) Whenever a lease is forfeited or declaredvoid, the lessee or other person entitled to any plant,machinery, engines, or tools hereinafter mentioned, may,within the prescribed time, being not less than threemonths after the publication of the notice of the for-feiture or voidance, remove any plant, machinery, en-gines, or tools on. or within the land comprised in suchlease; but he shall not remove or destroy any timber

Notice to be

No. 15 of1104, s. UM.

Exemption incase ofstrikes.No. 15 of

s. 107.

Removal ofplant. etcN. 15 of1904, s.

40 The Minieng Act, 1904-1937.

used in and for supporting the shafts, drives, galleries,or adits in the mine, or any plant, machinery, engines,or tools purchased by the new lessee.

(2) If such plant, machinery, engines, or tools are notremoved within the prescribed time, the Minister may,at any time thereafter, call upon such lessee or personto show cause, within such time as the Minister mayallow, why the whole or any portion of the plant, mach in-ery, engines, or tools should not be sold and removed.

(3) iff the said lessee or person does not, within suchtime, show sufficient cause, of which the Minister shallbe the sole judge, the Minister may direct the plant,machinery, engines, or tools to be. sold by public auctionand be removed. The proceeds. of the sale, after deduct-ing the cost of selling or selling and removing the same,shall be paid to the former lessee or other person en-titled to such plant, machinery, engines, or tools, ofwhose claim the Minister shall, prior to such paymentby him of any such proceeds, have received notice inwriting.

(4) T.Ph.e Minister shall determine whether or not. anyof such plant, machinery, engines, or tools shall heallowed to remain on the land so leased, and, if so, forwhat period they may so remain, and what rent theformer lessee shall pay to the new lessee for the useand occupation of the ground on which the same areallowed to remain.

Ownership oftailings afterlease declaredvoid.No. 15 of1904, a. 109.No. 45 of1932, s. 2.

111. (1) When ally mining lease, mining tenement,or other holding held under the authority of this Act.or any Act hereby repealed is surrendered or expiresthrough effiuxion of time, or is forfeited or declaredvoid, and the lessee or holder leaves upon the land com-prised in the lease any tailings or other mining material,and does not, within six months from such surrender,expiration, forfeiture, or voidance, or such extendedtime as the Minister may, under special circumstances,allow, either remove or bona fide treat, and afterwards,with all reasonable despatch, continue to treat, suchtailings or other mining material, then, at the expira-tion of six months, or such extended time as aforesaid,such tailings or other mining material shall become. theabsolute property of the Crown:


Provided that this section shall not apply to any sur-render made to obtain a new lease:

Provided also, that the Minister shall, upon the writ-ten application of the lessee, fix a sum to he paid by thelessee by way of rental, for such period as the Ministermay think fit, for the surface of the land actually occu-pied by such tailings or other mining materials; and solong as the said lessee shall make due payment of therent so fixed, the preceding provisions of this sectionshall not apply.

(2) Where at the commencement of this subsection 1.patedfiiiany tailings or other mining material are lying upon 1. —,2:33. 2 (b).

any lands of the Crown, whether formerly comprisedin a mining tenement or not, or are lying upon any- landwhich prior to the commencement of this subsection, andwhether•prior to or after the commencement of this Act,had been comprised in any milling lease, mining tene-ment, or other holding held under the authority of thisAct or of any Act hereby repealed, and such mininglease, mining tenement, or other holding had been sur-rendered or had expired or had been forfeited or de-clared void on a day, either before or after the com-mencement of this Act, but not less than six months priorto the commencement of this subsection, then, notwith-standing anything to the contrary contained in this Actor in any other Act, and except as hereinafter provided,the said tailings or other mining material shall, on thecommencement of this subsection, be deemed to havebecome and shall remain the absolute property of theCrown free from all encumbrances:

Provided that this subsection shall not apply to anytailings or other mining material lying upon the landcomprised in a mining tenement if any extended timehas been granted under subsection one of this sectionto the lessee or holder thereof for the removal or treat-ment of such tailings or other mining material and suchtime has riot expired at the commencement of this sub-section.

112. The Governor, in the name and on behalf of HisMajesty, may grant to any person, subject to the pro-visions of this Act and the regulations, a license orlicenses in respect of any such tailings or other miningmaterial.

Licenses mayha grantedin rennet ofsuch tailings.No. 15 of1904. s. 110.

The Hiving Act, 1904-1937.

(1) Such license or licenses shall confer upon thelicensee the. right to remove such tailings orother mining material from, or to treat thesame upon, the land on which such tailings orother mining material are or is situated.

(2) Notwithstanding the granting of any such licensethe Governor may grant gold-mining or min-eral leases of the land on which such tailingsor other mining material are situated aseffectually as if such license had not beengranted, subject only to the rights of thelicensee under any such license.

Pnwnr tousurne fur

residentialpurposes.No. 15 a)904. s. 111.

113. (1) When the aggregate area of two or moreadjoining mining leases, owned by the same lessee andworked as one mine, or the area of any mineral leaseexceeds forty-eight acres, any portion of the surface inexcess of forty-eight acres may be resumed by theGovernor without compensation to the lessee for resi-dential or other purposes except mining:

Provided that no such land shall be resumed unless

(a) the nearest point of such land is distant overthree hundred yards from the outcrop of anyreef or lode, or ore reduction works on thearea of such lease or leases;

(b) the Government geologist or the State miningengineer reports that such land is not likelyto be required for mining; and

(c) the State mining engineer or local inspector ofmines reports that such land is not likely tobe required by the lessee for or in connectionwith mining purposes.

(2) No person occupying any such resumed land shallhave any cause of action against the lessee for anynuisance caused by noxious fumes generated in thecourse of ore treatment, or arising from other causesdue to work, or for, any damage or inconvenience causedby the flow of water from the mining operations of thelessee, if such water is discharged as far as possible inits natural channel.

(3) Nothing in this section shall apply to coal-miningleases.


114. A lessee may, with the approval of the Minister,and subject to the regulations, discharge water from theland comprised in his lease over any adjacent landthrough any natural channel, and shall permit any waterlawfully discharged from any adjacent land to flow overthe land comprised in his lease through any naturalchannel, and no person shall obstruct any such flow ofwater.

43

Discharge ofwater.No. 15 of1904, s. 112.

115. A lessee niay at any time, with the consent of Surrender ofmining lease.No. 15 of1904, s. 113.

the Governor, surrender his lease.

116. It shall not be necessary for an applicant for orholder of a lease to he the holder of a miner's right.

PART VI.—TBIBUTE AGREEMENTS.

[Enacted as Parts III., and IV. of Act No. 50 of 1920 andrenumbered Part VA in reprint of 1926 and now renumberedPart VI.]

[Sections 117 to 140 both inclusive as contained in reprint of1926, formerly contained in Parts II., III. and IV. of Act No. 50 of1920, were repealed by Act No. 33 of 1932, s. 4, as from 1st May,1937.]

Tribute Agreements.117. (1) The lessee of any mine may, under and sub-

ject to the provisions of this Part of this Act and theRegulations, sublet the mine or any portion thereof totributers. •

(2) The approval by the warden of a tribute agree-ment shall, on the registration thereof, be deemed a con-sent within the meaning of the covenant by a lessee notto underlet or part with possession of the mine or anypart thereof without the consent in writing of the Min-ister or an officer acting with his authority.

A lessee neednot hold aminer'' right.No. 15 of1904, s. 114.

No. 38 of1932, s, 3.

Subletting ontribute.No. 50 of1920, s. 23.Formerly s.141 in reprintof 1926, nowrenumbereds. 117.

118. (1) Every tribute agreement shall be in writingsigned in duplicate by or on behalf of the lessee and byevery other person at the time interested in the tribute,and shall be lodged by the lessee at the office of thewarden for approval by the warden and, subject thereto,for registration, within twenty-eight days after theexecution thereof.

Tribute agree-ments.No. 50 of1920, s. 24.No. 22 of1921, s. 2.Formerly s.142 in reprint.of 1926, nowrenumbereds. 118.No. 38 of1932, s. 5.


Every person from time to time beneficially interestedin a tribute agreement, and who is not a party to it, shallwithin twenty-eight days of becoming so interestedregister in the office of the warden a memorandum inwriting containing particulars of the date, the partiesto, and the number of the tribute agreement, and or theinterest therein of the person registering the memoran-dum.

_Any moneys paid as a share or part of a share of, orcommission on the profits or a party to a tribute agree-ment to any person Who has not complied with the. re-quirements of the section, may be recovered back fronthim by the person who may have paid the same.

(2) A lessee making default in so lodging any tributeagreement made by ltini shall be guilty of an offenceagainst this Act; but a conviction for such offence shallnot affect the lessee's liability to forfeiture of his leasefor breach of covenant not to underlet or part with pos-session of any part of the mine without the consent ofthe Minister.

Inserted byNo. 12 of923, s. 8.

119. Every tribute agreement, unless it extends tothe mine as a whole, shall by metes and bounds describethe land to be let as a specified and defined block ofground, and shall state the minimum number of men tohe kept employed by the tributer, and the period forwhich such agreement shall operate, and shall set outthe terms and conditions thereof.

120. No tribute•agreement shall be made for a lesserperiod than six months, but by mutual consent suchagreement may be entered into for a longer period, andevery tribute agreement shall continue in force for theperiod stated therein, and thereafter until determinedby six months' notice by the lessee, unless such agree-ment shall become liable to cancellation under sectionone hundred and twenty-eight.

Provided that where several tribute agreements aremade in respect of the same mine, the period for whichany subsequent agreement is granted may, with the ap-proval of the warden, he less than six months if neces-sary to enable the respective terms of the. several agree-ments to expire at the same. time.

Provisions tobe containedin tributeagreements.

• No. 50 of1920, 5.25.No. 22 of1921, s. 2.Formerly e.143 in reprintof 1926, /1 OW

renumbereds. 119.

Term oftribute once-ments.No. 22 of192/, s.4.Formerlys. 144 inreprint of1926, now re-numbered

120.


Provided also that a tribute agreement may (with theapproval of the warden) be varied by a subsequentagreement as regards the land to be let by amendmentof the defined boundaries thereof, or the addition or sub-stitution of other ground, whether contiguous or not, toor for the ground as originally defined; aud such varia-tion may have effect for the residue of the period forwhich the original agreement is operative, or any re-newal thereof.

[Section 145 in reprint of 1926 repealed by Act No. 38, of 1932,s. 6, and new section inserted in lieu thereof.]

121. (1) The warden shall refuse to register a tributeagreement if the same does not in all respects complywith the provisions of this Part of this Act and the regu-lations, and if the agreement does not also contain pro-visions to the following effect:

(a) That no tribute shall be payable unless thosetributers engaged in the actual working ofthe ground have earned at the rate of threepounds ten shillings per man per week forthe period worked by them respectively afterpaying the costs and expenses of mining treat-ment, and realisation, and that such expensesshalt be exclusive of their own wages, andthat in calculating such deductions, the wagesto employees shall be at the ruling rate in thedistrict for the hours of labour actually spentin working the tribute area: Provided that.this condition shall not apply when royaltyor tribute is payable in the manner providedfor in section one hundred and twenty-fourof this Act.

Registrationo: tributeagreementliable torefusal bytl.c w iirden incertain cases.Inserted byNo. 38 of1)32, s. 6us s. 145,now re-n .,mbereds. 121.Amended byNo. 7 of 1933,s. 2.

(b) Provisions setting out fully and clearly theterms and conditions on which the use of anymining plant, machinery, air tools and sup-•plies belonging to the lessee is granted to thetributers and also other terms and condi-tions agreed upon between the lessee and thetributers; and so that charges or payments tobe made by the tributers to the lessee arefixed on the basis of the reasonable value ofthe service in relation to which the charge orpayment is fixed.


(2) The warden may refuse to register a tributeagreement if, in his opinion, any of the terms or condi-tions thereof are inequitable: Provided that--

(i) before dealing with a tribute agreement lodgedfor his approval, the warden shall, if re-quested so to do by any party to the agree-ment, refer the agreement to the State MiningEngineer for his decision as to whether anyterm or condition of the agreement is -inequit-able, and such decisi on shall be accepted andgiven effect to by the warden; and

(ii) the warden shall, if requested so to do by any.party to the agreement, refer any objectionraised by the warden to the }State MiningEngineer for his decision, and such decisionshall be accepted by the Av arden.

(3) Any trilmte agreement the registration whereofis refused by the warden acting in accordance \rill/ thissection, shall be absolutely null and void.

122. Every tribute agreement shall contain thereina provision setting out clearly the manner in which thetributers shall pay royalty or tribute to the lessee, andsuch royalty or tribute may be paid by either one of thefollowing methods:—

(a) By means of a percentage on a sliding scale tobe fixed by the agreement on the value inAustralian currency of the gold extractedfrom the ore produced and delivered by the',diluters as ruling at a date one month afterthe ore is delivered for treatment, but so thatthe sliding scale aforesaid shall vary withthe value of the gold in Australian currency.

For the purposes of this paragraph thevalue of the gold shall be the difference be-tween the gross proceeds from the sale thereofand the costs of treatment and realisation; or

(b) By means of a division in equal shares betweenthe lessee and. the tributers of the gold ex-tracted from the ore produced, or of the grossproceeds from the sale of such gold.

Payment ofroyalty ortribute.Inserted byNo. 38 of1932. s. 7 ass. 115A. nowrenumbereds. 122.

•


123. (1) Where royalty or tribute is payable by the Provision for

method m oyalmentioned in paragraph (a) of section one hun- payment ofrty on a

dred and twenty-two of this Act, and the ore produced percentageimeis.Inserted by

by the tributers is treated by the lessee, the following No. 38 of

conditions shall apply:-- 1)32, s. 714513.

n3W re-(a) rl.`he lessee shall account for all ore received by 11mM/erect

s. 122 nodhim from the tributer on the basis of not less anlenderiNo. 7 ofthan ninety per centum extraction of the 1D3:1. s. a.

assayed value of the ore, unless on an appli-cation to the warden it shall be otherwisedetermined on proof to his satisfaction thatthe ore is of so refractory a nature that ninetyper centum of such assayed value cannot beextracted.

(b) The lessee shall pay to the tributers the valueof gold extracted from the ore received (ona ninety per centum basis) in Australian cur-rency at the market rate ruling one calendarmonth after the ore is delivered to the lesseefor treatment, less service charges or pay-ments payable by the tributers for serviceprier to delivery of the ore, and less cost oftreatment and realisation, and less theamount of royalty or tribute payable, but sothat the tributers shall receive payment, asfollows:—

( ) On the completion of the assay a sum equal tofour pounds per ounce on such assay valueless the service charges or payments afore-said, and cost of treatment and realisationand royalty on the gold at the value of fourpounds per ounce; and

(ii) At the expiration of one calendar month asaforesaid the balance of the value of thegold at the market rate then ruling asaforesaid less any further royalty payable.

(2) Where royalty or tribute is payable as aforesaidand the ore produced by the tributers is treated by theowner of a treatment plant, not being the lessee or ownerof the mine under tribute, the owner of such treatmentplant shall

(a.) account to the lessee for all ore received bysuch owner on the basis of not less thanninety per centum extraction of the assayedvalue of the ore, unless on an application to


the warden it shall be otherwise determinedon proof to his satisfaction that the ore is ofso refractory a nature that ninety per centumof such assayed value cannot be extracted;and

(b) account for and pay to the lessee the value ofthe gold extracted from the ore received (ona ninety per centmn basis) in Australian cur-rency at the market rate ruling one calendarmonth after the ore is delivered to such ownerfor treatment, less the cost of such treatmentand realisation.

(3) For the purpose of ascertaining' the amount to becharged against a tribute./ under subsection (1) andsubsection (2) of this section, for cost of treatment andcost of realisation, the rates of such costs may be fixed.on a sliding scale varying with the value of the gold or.the quantity of gold per ton of ore or otherwise: Pro-vided that-

(i) the maximum amount payable for cost of treat-ment and cost of realisation taken togethershall not exceed forty shillings per ton of oretreated; and

(ii) in fixing rates under such scale for cost of treat-ment, the rates for treatment of ore (not beingfree milling ore) shall be

(a) in the ease of ore assaying not morethan ten pennyweights of gold to the ton,such amount, not exceeding fifteen shillingsper ton of ore treated, as the lessee or theowner Of the treatment plant, as the casemay be, shall decide; and

(b) in the case of ore assaying more than tenpennyweights of gold to the ton, suchamount, not exceeding fifteen shillings andsixpence per ton of ore treated, as thelessee or the owner of the treatment plant,as the case may be, shall decide when theore treated assays not more than elevenpennyweights to the ton, and, subject toparagraph (i) of this proviso the said last-mentioned amount. as fixed by the lessee orthe owner of the treatment plant as afore-said, together with an additional sum (not

48

.No. 7 of1933, s. 3

(2u),now ss• (3).


exceeding sixpence) foi each and everypennyweight of gold to the ton hi excess ofeleven pennyweights as ma.y be agreed uponby the parties concernec:, or, in default ofagreement, as may be determined by theState Mining Engineer.

(1) On receipt of payment by the lessee from theowner as provided for in subsection two hereof, the pro-visions of paragraphs (a) and (b) of subsection one ofthis section shall, as between the lessee and the &Mo-tors, apply.

Yormerly

124. Where royalty or tribute is payable by themethod mentioned in paragraph (b) of section one hun-dred and twenty-two of this Act, the following conditionsshall apply :—

(1) Where the ore produced is treated by the lessee

(a) the lessee shall cause all the cre received by himto be assayed, and such ore shall he deemedto yield not less than ninety per centum of

• the assayed value of the ore, unless on anapplication to the warden it shall be other-wise determined on proof to his satisfactionthat the ore is of so refractory a nature thatninety per centum of such assayed value can-not be extracted:

(b) the lessee shall cause all the cre received by himto be hauled and treated with as little delayas possible, and shall, subject to paragraph(e) hereof, forthwith after such treatment de-liver to the tributers gold equal in quantityto forty-five per centum of the assayed valueof the ore, or such smaller percentage as maybe equal to one-half of the percentage of ex-traction as may be determined by the wardenupon an application provided for and madeunder subparagraph (a) hereof, or otherwisepay to the tributers one-half of the grossproceeds from the sale of such gold in Aus-tralian currency at the mallet rate ruling onemonth after the delivery of the ore;

Provision forpayment ofrt.yalty ortribute on thebbsis of adivision ofgold.1i:sorted byN. US of932, s. 7 as

s. 14SC, nowrenumbereds. 124 andemended byNo. 7 of1933, s. 4.


(c) the lessee shall be entitled to the remainder ofthe gold extracted, or the remainder of the.gross proceeds aforesaid, as and for royaltyor tribute due from the tributers;

(d) the lessee shall not be entitled to claim or de-mand from the tributers any other charges orpayments whatsoever in relation to the tributeagreement; save and except charges in respectof insurance against liability to employeesand charges for air tools and supplies be-longing to the lessee and used by or suppliedto the tributers to enable them to deliver oreproduced by them at the place adjacent to theground in the tribute agreement from whichsuch ore can be hauled to the surface;

(e) on completion of the assay of the ore producedby the tributers, the lessee shall pay to thetributers on account of their share of the gold,or the proceeds thereof, limier paragraph (b)hereof, an amount equal to two pounds perOunce on such assay value (on a ninety percentum basis), less the charges payable by thetributers to the lessee as provided for inparagraph (d) hereof, but the amount, of suchpayment. shall be taken into account when theshare of the gold or the proceeds thereof towhich the tributers are entitled as provided inparagraph (b) hereof is being ascertained.

(2) Where royalty or tribute is payable as aforesaid,and the ore produced by the tributers is treated by theowner of a treatment plant not being the lessee or ownerof the mine under tribute, the tribute agreement shallset out clearly the conditions relating to the manner inwhich, the time when, and the means by which the sharesof the tributers and the lessee respectively, and theamounts of such shares respectively of the gold extractedfrom the ore produced or of the gross proceeds from thesale of such gold shall be ascertained and delivered orpaid to or received by the tributers and the lessee respec-tively, and also the conditions relating to the nature andamount of the charges (if any) to be paid by the tribu-ters to the lessee, and all such conditions shall he subjectto the provisions of subsection two of section one hun-dred and twenty-one of this Act.

.4


Provided that the tribute agreement shall, in any event,contain two conditions :—(a) that the tributer shall athis own expense deliver the ore to the lessee at the sur-face of the lessee's mine in which the area comprised in_such tribute agreement is situated, and (b) that the lesseeshall pay the costs of treatment and realisation.

51

Su. 7 ofluau. s. 4.

125. Every tribute agreement shall provide that alldevelopment work clone at the' e xpress request or by theexpress order of the lessee, other than such work as thetributer has by the terms of the tribute agreement ex-pressly agreed to do, shall be paid for by the lessee atthe. current rate of wages:

Provided that whenever development work is done inaccordance with the agreement, the lessee shall pay tothe tributer a proportionate part, to he determined bythe warden if not agreed upon, of the cost of any suchdevelopment work.

126. (1) All disagreements as to the manner in whichthe ground held under tribute is to be worked shall bereferred in the first instance by either party to the in-spector of mines for the district, unless the parties shallotherwise agree.

(2) If the decision of such inspector of mines, afterfull inquiry by him, is not accepted by both parties to thetribute agreement, the question at issue shall be de-termined by the warden, whose decision shall be finaland conclusive, and without appeal.

127. Where any dispute as to the ground held undertribute, or as to the product won from such ground,occurs between the lessee of any mine and a tributer,such dispute shall be determined by the warden on thecomplaint of either party, under the provision of Part X.of this Act.

Payment f ordeeelopinent

No. 50 of1920, e. 29.

ormerly146 in

reprint of1926, nowrenumbereds. 125.

Disputes itsto mannercf working.No. 50 of1920. 8. 30.Formerly5. 147 in re-f rint of 192G,

Lumbereds. 126.

Disputes asto groundheld or pro-duct. won.No. 60 of:920, s. al.No. 22 of:921, s. 7.itiormerly•. 143 in re-print of 1926,now re-numberedE. 127.

128. If a tributer fails to comply with any of theterms and conditions contained in the tribute agreement,

• the lessee of the mine may, after the expiration of sevendays' notice in writing to the tributer, cancel the tributeagreement; but the tributer may, within seven days after

• service of such notice or such further time as may lie

thincel /nil onof tribute for"netteh.No. 50 of1920, s. 82.Formerlyt. 149 in re-"riot of 1926,30W re-numbered4. 128.


Tribine; 0103'complain towarden.

Warden'sjorisdirt inn.NO. 22 of1921,5.6.

Tributeagreontunt tobe kept alivea't againstlessee.ibid.

prescribed, complain to the warden, who shall hear anddetermine such complaint and decide whether or not,having regard to all the circumstances of the case, suchtribute agreement shall be cancelled by reason of suchnon-compliance. as aforesaid.

The warden may make such order as lie thinks equit-able (including any order as to compensation or costs),and such order shall have effect according to its tenor.

129. (1) if any mining lease granted under this Actexpires by effluxion of time, or is surrendered, or is de-clared void or forfeited or determined by reason of anybreach of covenant or conditions or otherwise, any newlease issued in respect of such land within six months ofthe date of such expiry, surrender, forfeiture, or de-termination, shall be subject to all the rights then exist-ing of any person mining on such land as a tributer, un-less such forfeiture or determination has been occasionedby the act or default of such person, either alone orjointly with others.

(2) Any tribute agreement winch at the time of anyexpiry, surrender, forfeiture, or determination of thelease existed between the lessee and the tributer shall,in the event of a new lease being granted within sixcalendar months of the date of such expiry, surrender,forfeiture, or determination, be deemed to continue be-tween the lessee or new lessee, as the case may bc, andthe tributer.

(3) If and so long as such land is not re-applied forand a new lease issued in respect thereof, such tributeagreement shall be deemed to continue as between thetributer and the Minister, for a period of six calendarmonths from the date of such expiry, surrender, forfeit-ure, or determination of such lease, after which timethe tribute' agreement shall cease and determine,

(4) Save and subject as hereinbefore provided, regis-tered tribute agreements shall bind the land comprisedtherein, and shall in all respects be operative and of fullforce and effect against the lessee for the time being ofsuch. land.

0u forfeitureof mininglease forbreach ofcovenants.No. 59 of1920. s. 33.Farm erlyn. 150 inreprint of▪ nOwronunthered

.▪ 129.

The Mining Act, .1904-1937.

130. The provisions contained in this Part of this Actmay, by regulations, be extended to claims, and, in suchcase, any default by the holder of a claim which if com-mitted by a lessee would render a lease liable to forfei-ture, under this Part of this Act shall render a claimliable to forfeiture.

[Section 3.52 in reprint of 1926 repealed by Art No. 38 of 1932,s. 8.]

131. In this Part of this Act the term "tribute agree-ment" means an agreement by a lessee to Innderlet amine or portion thereof to a trihuter.

132. Any function of the warden, ad any proceedingin the warden's court under this Part of this Act shall,if the applicant or any person interested in the applica-tion or proceeding so desires, be performed or beardand determined by the warden and two assessors to beappointed in the prescribed manner, and in the case ofa difference of opinion between the warden and the as-sessors, the decision of the majority of them shall do-termine the matter or proceeding.

Da

l'trvur toextend thisPart toelit.ins byregulations.No. 50 ofID'. 0, s. 34.Formerlys. 151 inreprint of10:16, nowrenumberedit. 130.

Definition of"tributeagnement.•No. 50 of1920. s. 35.Formerlys. 153 inrep:int of1026, nowrenumbereds. 131.

Assessors.No. 50 of1920, s. 36.Formerlys. 154 in re•Print of 1926,now re•numbereds. 1 32.

Miscellaneous.133. (1) The Governor may, under and subject to the

provisions of this Act, make regulations prescribing allmatters which by this Part of this Act are required orpermitted to be prescribed, or which. it may be necessaryor convenient to prescribe, for giving effect to this Partof this Act, and by such regulations may prescribe termsand conditions which, unless otherwise agreed to by theparties, shall be included in all tribute agreements.

(2) Such regulations may impose for any breachthereof, or for any disobedience of a lawful order of thewarden, a fine not exceeding Fifty pounds.

134. Any person who contravenes any of the pro-- visions of this Part of this Act for which no other pen-

alty is expressly provided shall be guilty of an offence,and on conviction shall be liable to a fne not exceedingFifty pounds.

Ileg-ulatious.No. 50 of192), s. 37.;Formerlys. 155 inreprint of1923, now re-numbereds. 133 andamended byNo. 35 of1931. S.D.

(3eMirnipenalty,insertedNo. 50 of1920. S. 38.Formerlys. 155 inreprint of1926, nowrent:inhereds. 1r.4.

54

Provision asLO tributeagreementsmade beforethe com-mencementof this Act.No. 38 of1932, s.

The Miming Act, 1904-1937.

135. (1) Any tribute agreement made before thethirtieth day of September, one thousand nine hundredand thirty-two, and subsisting at the commencement ofthis section shall, as from and including the date of anyextension or further extension of the period specified inthe a greement for the continuance thereof granted afterthe said thirtieth clay of September, one thousand ninehundred and thirty-two, or as from the date of the com-mencement of this section, whichever date shall be theearlier, be deemed to have been made in accordance withthe provisions of section one hundred and twenty-threeof this Act, notwithstanding- anything to the contrarycontained in section one hundred and fifty-two of thisAct, as in force prior to the commencement of thissection* or in such tribute agreement; and the materialterms and conditions of such agreement shall forthwithafter the commencement of this section be amended so.as to conform to the provisions of the said section onehundred and twenty-three.

(2) Any tribute agreement made before the commence-ment of this section, but on or after the thirtieth day ofSeptember, one thousand nine hundred and thirty-two,shall, notwithstanding anything to the contrary containedin section one hundred and fifty-two of this Act as inforce prior to the commencement of this section s or insuch tribute agreement, he deemed to have been madein accordance with the provisions of section one hundredand twenty-three of this Act; and forthwith after thecommencement of this section the material terms andconditions of such tribute agreement shall he amendedso as to conform to the provisions of the said section onehundred and twenty-three.

(3) Every amendment made in a tribute agreement incompliance \yid' subsection one or subsection hvo of thissection shall be in writing signed in duplicate by thelessee and by every other person at the time interestedin the tribute, and shall be lodged at the office of thewarden for his approval, and, 'subject thereto, for regis-tration within twenty-eight days after the execution.thereof ; and the provisions of subsection two of sectionone hundred and twenty-one of this Act shall apply as if

'Section .I.52 its con Word in the reprint of 1926 of No. 15 of J90-1.


such amendment were a separate tribute agreement:Provided that no fee shall be payable for the registration

• of such amendment.

(4) If -any such amendment is, in the opinion or thewarden, or in the opinion of the State Mining Engineerupon reference of the same to him, in accordance withthe proviso to subsection two of section one hundred andtwenty-one, inequitable in its effect, the warden or theState Mining Engineer, as the case may be, may alteror vary such amendment in such manner as he may thinkjust; and all the parties to the said tribute agreementshall thereafter, during the continuance of the agree-ment, be bound by and give effect to such amendment asso altered or varied.

(5) A lessee making default hi so making any amend-ment referred to in this section in compliance therewith,or in so lodging any such amendment as required by thissection, or in giving effect to any such amendment alteredor varied as provided for in subsection four hereof, shallbe guilty of an offence against this Act.

Penalty; Fifty pounds, and an additional penalty offive pounds for every day or part of a dayduring which the offence continues.

PART VII.-1...V..[INING ON PRIVATE LAND.

interpretation..1:crulerlyPcrtin 7uprint.rof 1926.

136. In this Part of this Act, unless the context other- hrerpreta-tion terms.

wise indicates, the following terms have the meanings No. 15 of19)4, s. 115,

set against them respectively, that is to say :— renumbereds. 157 in

"Minerals."—Antimony, arsenic, bismuth, eltrom- rieotiAsnitioof.

mm, cobalt, copper, lead, iron, manganese, sTIV.beredmercury, molybdenum, nickel, rare metals, ;;:j;rirlueelidianetd,.

silver, tantalum, tin, titanium, tungsten, Ifson"ollibn-uranium zinc, and the ores and earths of these Go;li zie5"s, tmetals; gems and precious stones; ahmite, ;E:tpiA"2-amblygmite, asbestos, barytes, bauxite, car- ;,9c1.50..ge?.'bonaceous shale, corundum, diatomaceous 12.an1"'earth, gadolinite, glass sand, graphite, gyp- V,11.9:o.sum, limestone, magnesite, mica, monazite, IV4Sept"potash, rock salt, scheelite, wolfram; clays,ochres and felspars for use in the manufac-

f3G The Mining Act , 1904-19.57.

Lure of porcelain, fine pottery pigments;minerals to be worked for potash contents::mineral phosphates; material for cementmaking; coal and oil; and any mineral which.the Governor may from time to time by pro-clamation bring under the provisions of thisPart of this Act.

"Occupier."--The person in actual occupation ofany private land, or if there is no person inactual occupation, the person entitled to pos-session thereof,

"Owner."—The owner or registered proprietor infee simple of any private. land, or the personwho for the time being is entitled to receivethe rent of any private land, or who, if thesame were let to a tenant at a rent, would beentitled to receive the rent thereof; the termincludes the person who is the licensee orlessee of private land under any Act relatingto Crown lands with or without the right ofacquiring the fee simple thereof.

"Private Land."---Any land which has been or mayhereafter he alienated from the Crown forany estate of freehold, or is or may hereafterbe the subject of any conditional purchaseagreement, or of any lease or concession withor without the right of acquiring the. feesimple thereof, other than for pastoral or tim-ber purposes, but, no land held or occupied formining purposes, except coal mining ., underthe provisions of this Act, or of any Act. re-pealed by this Act, shall lie deemed to he pri-vate land within the meaning of this Part ofthis Act.

In relation to mining for minerals otherthan gold, silver, and precious metals, the termdoes not include land alienated before the firstday of January, One thousand eight hundredand ninety-nine, except as provided in sectionsone hundred and seventy-five to one hundredand eighty-five of this Act.

The Mining Act , 1904-1937. 57

137. In every case where, for the purposes of this Act,it is necessary to decide whether any mine on any landis or would be a gold mine or mine of other specifiedmineral, the question shall be determined by the factwhether gold or other specified mineral is or is not themost profitable metallic product of the ore obtained fromthe mine.

Nature ofmine.No. 15 of1904, s. 116,renumbereds. 158 inreprint of1926, nowrenumberedR. 197.

Crown Ownership of Gold and Minerals.138. Subject to the provisions of this Act and the metals te

rroperty ofregulations— Crown.No. 15 of

(1) Gold, silver, and other precious metals on or .1913::, re-below the surface of all land in Western Aus- a um5b9efned

&alio., whether alienated or not alienated from reprin t ofnow

the Crown, and if alienated whensoever alien- renumberedu3wberede

ated, are the property of the Crown.(2) All other minerals on or below the surface of rneorrals.

any land in Western Australia which was notalienated in fee simple from the Crown beforethe first day of January, One thousand eighthundred and ninety-nine, are the property ofthe Crown.

Exemptions.139. The Governor may from time to time, by notice

in the Government Gazette, exempt from the provisionsof this Part of this Act, for such period as he thinks fit,private lands in any specified locality, or any specifiedportions of private land, and thereupon, during the cur-rency of such exemption, no land so exempted shall be orbe deemed to be private land within the meaning of thisPart of this Act.

Private landsnay beexempted,.No. 15 of:904, .s. 118,renumberedr. 16U inreprint ofL926. now re-numberedt. 139.

140. Subject to the provisions hereinafter contained, 9xueami ipfTidon

no mining tenement shall he granted or occupied compris- o,fricveartteail na n d 5 .

ing private land— •No. 16 of1904, s. 119,renumbered

(1) used as or at a less distance than fifty yards . 36ite

from a yard, garden, orchard, or cultivated ,1•e9p2renowfrenumbered

field; or a. 140.

(2) of less extent than half an acre within the limitsof any municipality or township ; or

(3) used as a cemetery or burial place; or


(4) at a less distance than one hundred and fiftyyards laterally from any cemetery or burialplace or reservoir, or substantial improve-ment, unless

(a) the consent, in writing, of every ownerof the land in question has been first obtained ;01.

(b) such grant or occupation is limited to agreater depth than one hundred feet from thelowest part of the surface of the land;

(5) within two hundred yards laterally of the work-ings, whether above ground or undergrou id,of ally coal mine without the consent of theowner.

In this section the expression "Reservoir" means anynatnral or artificial storage or accumulation of water, andincludes a spring, darn, bore, and artesian well.

In every case the Minister shall be the sole judgewhether any improvement is substantial and of what con-stitutes a working within subsection five.

Exemption 141. The provisions of this Part of this Act shall notf certain

loads.No. 15 of

apply to the land mentioned in the Second Schedule.N

Resumption.

142. The Governor may, from time to time, after suchnotice to the owner as may be prescribed, resume, on

behalf of the Crown, any private land which, in hisOpinion, ought to be resumed for any of the purposes forwhich a mining lease or claim may be granted or occupied.

C01111■0 0341.tital.

143. Upon such resumption, the owner shall be entitledNo. 15 of to compensation, and the amount of such compensation1904, s. 122,renumbered shall be determined in the manner prescribed by thes. 164 inTPprint of Public Works Act, 1902, for determining compensation1926, nowrifii timbered -for land taken under that Act:s. 119.

1904, s. 120,renumbereds. .162 inreprint, of1926, nowrenumberedS. 141.

Private land:nay horesented.No.15 of1501, s. 121,von timbereds. 163 inreprint of1926, nowionn nrnboyeds. 142.

Provided that, in assessing the amount of such com-pensation, no allowance shall be made for any gold or


minerals known or supposed to be on or under the landresumed, except coal, when the land resumed is leased for

• coal mining.

144. Upon such resumption the private land so re-sumed shall belong absolutely to the Crown, and beCrown land subject to the provisions of this Act:

Provided that every mining lease or claim granted inrespect of, or occupied upon any such land shall, notwith-standing any other provision of this Act to the contrary,he subject to such rent, royalty, or other payment to theCrown as may be determined by the Minister in each case,and the provisions as to royalty, other than as to theamount thereof, hereinafter contained shall be applic-able.

Mining Tenements.

145. It is unlawful to enter or remain upon the sur-face of any private land for any of the purposes of thisPart of this Act, except in pursuance of a permit in thatbehalf issued by the warden or by virtue of the occupa-tion of a registered mining lease or claim.

Effect ofrut umption.No. 15 of19)4, n. 123,renumbereds. 165 inreprint of1326, nowrenumbereds. 144.

Unlawfulentry.?le. 15 of1904, s. 124,renumbereds. I6G inreprint of1026, nowrenumbereds. 145.

146. The holder of a miner's right who desires to Fr rmit totor

searchupon private land either for gold or any mineral, eN „ , 1 :5 of

or to mark out a mining lease or claim, may make appli- 712411s).e1r2e2,

cation, in writing, to the warden for a permit to enter rp.eilr6i7rinot

upon the land. 1:26. nowrenumbereds. 146.

147. Every such application shall be in the pre- Form ofapplication

scribed form, and shall contain such description of the or permit.Na. 15 ofland as will, in the opinion of the warden, enable it td be 1 904, s. 126.

identified. renumbereds. 168 in-ettrint of1926, nowrol”-nhe reds. 147.

148. The warden, upon being satisfied that the appli-cation is made in good faith, may grant a permit, inwriting, limited to such period not exceeding thirty daysas he thinks proper. He may at the same time fix a sumof money and require the same to be paid to him before

- the. issue of the permit, as and by way of security to

Grant andpermit.NO.15 of1904. s. 127,rt numbereds.. 169 inreprint of1326, now3einitmhoredS. 148.

450 The Milting Act, 1904-1937.

compensate the owner and occupier of the land for anydamage likely to he caused by the holder of the permitduring the currency thereof.

Compensationf or damage.No. 15 of11014, s. 128,renumbereds. 170 inreprint of1926, nowrenumbereds. 149.

Permit to beproduced ondemand.Nu. 15 of1904, a. 129,renumbereds. 171 inreprint of1926, nowrenumbereds. 150.

Privilegeconferred bypermit.No. 15 of1904.1.120,rpoumbered

1711 inreprint of1926. nowrenumbereds. 151.

Appeal fromrefusal ofpermit.No. 15 of1904, s. 131.renumbereds. 173 inreprint of1926, nowrep urn boreds. 152.

Miningteneninnts.No. 15 of1904, S. 132,renumbereds. 1741 inreprint of1926, nowTen urobered

152.

Anvilin/00115.No. 15 of1004. s. 133,renumbereds. 175 inreprint of1926, nowrenumbereds. 154.

149. The warden shall pay such sum, either whollyor in part, to the owner or occupier, or partly to both0 WI/Or and occupier, if they sustain any damage, or shallreturn the same to the holder of the permit at the expira-tion thereof if, in the opinion of the warden, he does nodamage.

150. Such permit shall, upon demand, he produced tothe owner or occupier of the private land or Ins agent.

151. By virtue of such permit the holder thereof mayenter upon the land and search for gold or any mineral,except coal where the land entered upon is leased forcoal mining, and detach one or more samples of any veinor lode outcropping at the surface thereof not exceedingin Hie aggregate twenty-eight pounds in weight, andremove such samples for the purpose of assaying ortesting the value thereof, and may mark out any mininglease or claim, but lie shall not mine or otherwise disturbth e surface of the land.

152. If in any case the warden refuses to grant anysuch permit, the applicant may appeal for permission tothe :\linister.

153. Subject to the provisions of: this Act and theregulations, private land, whether within the limits ofa goldfield or mineral field or elsewhere, may be appliedfor and occupied as a mining lease or claim.

154. Application for a mining lease or claim of pri-vate land shall be made in the same manner as for amining lease or claim of Crown land, and notice of suchapplication shall be given by the applicant as prescribed

The Mining Act, 1904-1937. 61.

to the owner and occupier of the land, or, if there is nooccupier, shall be affixed in some conspicuous place 011the land, and the owner and occupier shall be entitledto be heard before the application is granted.

Every applicant shall state and describe in his appli-cation the area of surface, if any, for which he applies,and the purpose for which he requires such area.

When such tenement does not confer upon the holdera right to occupy the whole of the surface thereof, hemay at any time make application for an extension ofthe surface area. Every such application shall be madeand dealt. with in the same manner as the original appli-cation.

When the applicant does not apply for any surfacearea it shall not he necessary to mark out the tenementapplied for on the surface.

155. The occupation of a mining tenement for thepurpose of seeking for gold or any mineral on privateland shall confer upon the miner the right to mine

(1) on or under so much of the surface or extendedsurface of the tenement as is stated anddescribed in his .certificate of registration orlease, as the case may be; and

(2) under the remainder, if any, of the surface ofthe tenement at a depth of not less than onehundred feet from the lowest part of suchsurface, or such greater depth as the Min-ister may in any case permit.

ni,,,ht to111i30.

No. 15 of1914.x. 134,renumbereds. 176 illreprint of1926, nowretain bored.S. :55.

156. When any person other than the owner appliesfor a mining lease or claim in respect of private land tohe mined at a greater depth than one hundred feet, anddoes not apply for any portion of the surface, then, ifthe consent of the owner has not been obtained, beforeany such application is granted the applicant shall proveto the satisfaction of the warden that he possesses

(1) a mining tenement occupied for the purpose ofseeking for gold or any mineral, or other landadjoining the land applied for; or

Ap.4lications"fur minesat greaterdm. th than10C, feet.No. 15 of19(4. s. 135,renumbered1.177 inreprint of19.49, nowrenumbered,a. 156.

62 The Mining Act, 1904-19.97.

(2) a milling tenement with such wayleaves andother rights through intermediate lands aswill enable him to mine upon the land appliedfor.

Compensationto be paidor agreedupon beforemining..No. 15 of1904. s. 136,vnumbered

s. 178 inreprint of1026. nowi.enumbered

157.

157, So far as regards any private land in respect ofwhich compensation is payable, the marking off, registra-tion, or grant of a claim or nutting lease shall not conferany right to mine or to make preparations for miningunless or until a certificate of registration or a lease shallbe issued, and no certificate of registration or lease shallbe issued unless or until the miner has paid or tenderedto the owner and occupier the amount of compensation,if any, ascertained as hereinafter prescribed, or made anagreement, in writing, with such persons as to the pay-ment of such compensation, if any.

If the owner is dead or cannot be found, such paymentmay he made to the 'Minster in trust for the owner.

158. The owner of ally private land may acquire amining lease or claim of such land, or of so much thereofas is not already the subject of a milling lease or claim;and if the owner or any person to whom he has assignedthe right of milling on or under such land shall, beforethe first day of June, one thousand nine hundred and four,make application for a mining lease or claim of such land,his application, save as hereinafter provided, shall havepriority over all others.

Rights ofowners andtheir assignsNo. 15 of1904.... /37,renumbereds. 179 inreprint of1920, nowrenumberedS. 158.

Rights ofassignee ofregisteredproprietor.No. 15 of1904, s. 138,renumbereda. lee inreprint of1926, nowrenumbereds. 159.

159. Notwithstanding anything hereinbefore or in an?other Act to the contrary contained, where, on the firstday of March, • one thousand nine hundred and four, anyperson is, by virtue of any conveyance, lease, license, orother private agreement. as against the owner of any pri-vate land, entitled to mine on or under such land, then ifbefore the first day of June aforesaid such person makesapplication for a mining lease or claim, his application-shall have priority over all others, including that of theowner of the land, and notwithstanding any neglect orrefusal on the part of the owner to consent to the appli-cation:

The Mining Act, 1904-19.37.

Provided that every lease granted under the provisionsof this section shall be granted upon such conditions, forthe benefit of the owner or other persons interested in theland, as the Governor may consider equitable :And for thepurpose of giving effect to any such conditions the in-tended lessee may be required to make an agreement inwriting with the owner or other persons interested, whoshall be entitled to be heard before such lease is granted :

Provided further, that no such lease shall he grantedor renewed for any term which would exceed the term,if any, in such conveyance, lease, license, or other privateagreement specified.

160. Owners and occupiers of private land under oradjoining which mining is authorised by this Part of thisAct shall be entitled, on application to the warden, fromtime to time as in the opinion of the warden may henecessary, and at the expense of the lessee or miner, toinspect and survey the underground workings.

161. Every mining lease granted or claim registeredunder the provisions of this Part of this Act shall com-prise a right of ingress and egress thereto and therefromby a right-of-way, to be marked at the expense of thelessee or claim-holder in the prescribed manner, from thelease or claim through any land, whether occupied as amining tenement or otherwise, to the nearest practicablepoint of a street or road :

Provided that, unless with the consent of the owner, nosuch right-of-way shall be enjoyed through any yard,garden, orchard, or cultivated field.

Owner, etc.,wet,' inepectundergroundwirkings.N,. 15 of

s. 139,renumberedE. 181 in',sprint. of1926, nowrenumberedx.160.

R:ght-of -way.N .) 15 ofI! 0 .1. s. 140,rintumbereda. 182 inreprint of1226, nowrenumbereds. 161.

162. A holder of any mining tenement under the pro-visions of this Part of this Act shall not, without theconsent of the owner and occupier of the private landwhereon the tenement is situated, be entitled to use waterartificially conserved by such owner or occupier, or to felltrees, strip bark, or cut timber on such land, or, exceptin connection with mining operations, to remove earth orrock therefrom.

Miner not touse water. itcL userved, orsnore rock,etc.

15 of1904. s. 141..renumbered

IS3Tvprint Of1026. nowrsallIbereds. 162.

The Mining Act, .1904-1937.

163. Nothing in this Act contained shall give anyholder of a mining tenement under the provisions of thisPart of this Act the right to impound any stock or otheranimals belonging to or being the property of, or beingin the custody or under the control of, the owner or occu-pier of any land adjoining such tenement, or to disturbor molest any such stock or other animals in any waywhatever, or to prevent any such stock or other animalsfrom depasturing on or over any such tenement, unlessthe land comprised therein is fenced.

64

Miner not toimpound ormolest stockbelonging t othe owner onland unlessfenced.No. 15 of1904. s. 142.renuinbereds. 154 inreprint of1926, nowronninbereds. 163.

Surveyofficers mayenter uponsay privateIn ntl.No. 15 of1904, s. 143,run umbeseds. 165 inreprint of1020, nowTOMIM bet' CdS. 169.

164. Any surveyor acting under the authority of theMinister or warden may, with his assistants and work-men, if any, from time to time, enter upon any privateland, and there execute any survey for any of the pur-poses of this Part of this Act, without making compen-sation to any person.

Such surveyor and his assistants and workmen shall doas little damage as may he in the execution of the powersconferred by the said authority.

Applicationof generalprovisions ofAct.No. J5 of1004, s. 144,renumbereds. 186 into print of1926, nowrenumberedis. 165.

165. Save as by this Part of this Act is otherwise pro-vided, all the provisions of this Act and the regulationsand of any Act relating to the inspection of mines andcollieries shall apply to mining tenements situated uponprivate land as if they were situated upon Crown lands,and all the powers, authority, and jurisdiction of thewarden and of the warden's court, and of every othercourt having jurisdiction under this Act with respect tomining on Crown lands, shall extend and apply to privateland, and to mining on or under such land.

166. For the purpose of preventing damage or injuryto any street or road by mining operations carried onupon mining tenements under the provisions of this Partof this Act, the local authority charged with the care andcontrol of such street or road shall be deemed to be theowner thereof.

Provisions asto streets,•ete.No. 15 of1904, s. 145,renumbereds. 167 inreprint of1026, nowrenumbered

166.

Where nor green, ent,'N anion todeterminecoin pen sati on.No. 15 of

s. 148.re n UM beredt.. 190 inreprint ofi.926, nowrenumbereds. 169.

CompensationArcadyvoceivod tole deducted.No. 15 of1904, a. 149,renumbereds. 191 inreprint of1926, nowrenumbereds. 170.


Compensation.

167. The applicant for any mining lease or claim may Power ower toagree its L.agree with the owner or occupier, respectively, of any anr mint ofoinsation.private land as to the amount of compensation to be p vaid Nc.

pon15 of

19n04,for the right to occupy such tenement. reu n. ,mbe14red6

s. 188 inNo such agreement shall be valid unless the same is in re7rint of

1926, nowwriting and signed by the parties thereto, and filed in ro,umbered

s. 167.the Department of Mines.

168. Such compensation to he made to the owner andoccupier shall be compensation for being deprived of thepossession of the surface or of any part of the surfaceof private land, and for damage to the surface of thewhole or any part thereof, and to any improvementsthereon, which may arise from the carrying on of miningoperations thereon or thereunder, and for the severanceof such land from other land of the owner or occupier,and for rights of way and for all consequential damages.

In assessing the amount of compensation no allowanceshall be made to the owner or occupier for any gold orminerals known or supposed to be on or under the land,except where the land is held under a coal-mining lease,in which case compensation shall be allowed for any pay-able coal of which the owner is deprived by the grantingor registration of the mining lease or claim.

Nileu sure ofcc mpense Li on.N 15 of18(1.1, S. 147,renumbereds. 189 inreprint of1926, nown numbereds. 168.

169. If within such time as may be prescribed theparties are unable to agree upon the amount. of compen-sation to be paid, either party may, upon a plaint in that

-behalf, have the amount determined in the warden'scourt.

170. In determining the amount of compensation, thewarden shall take into consideration the amount of anycompensation which the owner and occupier, or either ofthem, have or has already received for or in respect ofthe damage for which compensation is being assessed,and shall deduct the amount already so received fromthe amount which they would otherwise he entitled to forsuch damage.

Compensationfor furtherdamage.No. 15 of1904, s. 151,renumbereds. 103 in •reprint of1926, nowrenumbered5.172.

Governormay grantlicenses toconstructdrives throughland inter-veningbetweentenements.No. /5 of1904. s. 152,renumberedS. 104 inreprint of1926, nowf01111//lbeltds. 173.


171. If any land or improvement thereon adjoining orin the vicinity of any mining tenement held under theprovisions of this Part of this Act is injured or depreci-ated in value by any operations carried on by the lesseeor miner or by reason of the occupation of any portionof the surface or the enjoyment by him of any right ofway, the Owner and occupier of such land or improve-ment shall severally be entitled to compensation for allloss and damage thereby sustained by him, and theamount of such compensation shall be ascertained in thesame manner as is hereinbefore prescribed.

172. If while in occupation of a milling tenement thelessee or miner causes any damage to the surface of theland comprised in such tenement, or to any land adjoin-ing or in the vicinity of such tenement, belonging eitherto the same or any other owner, or to any improvementon any such land, not being damage already assessedunder the provisions hereinbefore contained, the ownerand occupier of such land or improvement shall sever-ally be entitled to compensation for the damage sus-tained by him, and the amount of such compensationshall be ascertained in the same manner as is herein-before prescribed.

Licenses for Drives.

173. When a mining tenement or tenements, whethersituated on Crown land or on private land, is or arewholly or partially divided or separated by oilier landor by any road or street or by another mining tenement,the Governor may, subject to the provisions of this Actanti . the regulations, grant to the person or persons 'inoeenpation of such first-mentioned ridiimg tenement, ortenements, Or any of them, a license to construct a driveor drives through the land lying between vr wholly orpartially dividing or separating such. tenement or tene-ments, for the purpose of enabling the whole of suchtenement or tenements to be effectually worked andmined:

Such license shall be for a term not exceeding twenty-one years, hut may he renewed for a further period nutexceeding twenty-one years, and shall be in such formand subject to such reservations, covenants, and provi-sions as the Governor may determine, and shall be

66

Owner ofland inVicinity ofmining tene

-ment entitledto compen-sation.No. 15 of1904, s. 150,renumberedu. 102 inreprint of1926, nowrenumberedS. 171.

The Mining Act, 1904C937. 67

grunted upon such conditions, for the benefit and pro-tection of any person interested in the land throughwhich any such drive is intended to he constructed, asthe Governor may consider equitable:

And for the purpose of giving effect to any such con-ditions the licensee may be required to enter into anagreement in writing with any person interested in theland, who shall be entitled to he heard before such licenseis granted.

Re-entry by Owner.174. If mining operations have not been commenced Re-en try try by

during the twelve months following the registration of No. 1'a. mining lease or claim, or if after mining operations 1004, s. 153,

renumberedhave been commenced in or upon any private land held E. 195 in

reprint ofas a mining tenement the same have wholly ceased, the 1926, now

renumbered

Governor may, if lie thinks fit, on the application of the E. 174.

owner of the land, authorise him to re-enter and takepossession of the land.

Exempted Lands. •175. Any person may in the prescribed manner peti- Petition to

bring /andtion the Minister that any private laud alienated before under AE1.

the first day of .Tanuary, one thousand, eight hundred No.15 of1004. s. 154,

and ninety-nine, or the subject of any conditional prir-chase, agreement, or lease or concession, with or with- reprint of

1026. nowmit the right of acquiring the fee simple, granted before renumbered

4. 175.that date, may, for the purpose of mining for mineralsother than gold, silver, and precious metals, be broughtwithin the operation of this Part of this Act.

176. On receipt of such petition the Minister may,in his discretion, authorise and instruct the Governmentgeologist or any other professional officer to enter, in-spect, and report upon such land, aid it shall thereuponbe lawful for the Government geologist or other officerwith assistants to enter and prospect such. land and doall things necessary to ascertain whether there is a rea-sonable probability of the land containing minerals iupayable quantities.

177. if the Government geologist or such otherofficer reports that there is a reasonable probability ofsuch land containing minerals in payable quantities, theMinister may, with the approval of the Governor, bynotice in the Government Gazette, declare that at the

Inspection.No. 15 of1004, R. 155,renumbered

197 inreprint of1926, nowrenumbered5. 176.

Power tobring landunder Act.No. 15 of1904, s. 155.renumbereds. 198 inreprint of1920. nowrenumbereds. 177.

68 The Milting Act, 1904-1937.

expiration of a time therein stated, being not less titansix mouths front the publication of such notice (herein-after referred to as the prescribed period), the laud shallbecome within the operation of tins Part of this Act.

A copy of such notice shall be served upon the ownerof the land.

Subjectthereto laudto be withinprovisionsof Act,No. 15 of1904, s. 158,renumbereds. 200 inreprint of1926, nowrenumbereds. 179.

Duties ofowner whohas registeredland forini D ill g,No. 15 of1904, s. 159,renumberedx.201 inrepri n t of1926, nowrenumbereds. 180.

178. At any time within the prescribed period theowner of the land may, in the prescribed manner, registerin the Department of Mines a. right to mine the land orany part thereof for specified minerals to the exclusionof all other persons.

Such registration shall be made or f,,urveyed areas cor-responding to tie areas of mineral leases granted underthis Act and the regulations.

179. Subject to the last preceding section, the landshall ; at the expiration of the prescribed period, becomewithin the provisions of this hut of this Act:

But all rent and royalties received by the Crown forany minerals won from the laud shall be paid to theowner of the land less ten per •entuni of the amountthereof.

180. If the owner of the land registers an ex;:lusiveright to mine the land under the provisions of section onehundred and seventy-eight he shall, for the purpose ofall labour conditions, be deemed to hold the land subjectto a mineral lease or leases, and it shall be obligatoryupon the owner to wort: the land in accordance with thisAct and the regulations, but no rent or royalty shall bepayable.

Owner mayregister land'for mining.No. 15 of1904. s. 157,renumbereds.199 inreprint of1926, nowrenumberedS. 178.

:Minor mayapply forram:elle/ ionof registrai"i"'•Nn. 15 of1904, s. 160,untended tryNo. 50 of1920. s. 2.renumbereds. 202 inreprint of1926, nowrenumbereda. 191.

181. Any miner may give notice to the Under Secre-tary for Mines that any land of which an exclusive rightto mine has been registered under section one hundredand seventy-eight is not being worked in accordance withthis Act and the regulations, and may apply for the can-cellation of such registration.


182. Notice of such application and of the time andplace appointed for the hearing shall be given to theowner of the land, and if the owner, on being servedtherewith, files an answer, the Under Secretary for Minesmay require the applicant to deposit the sum of tenpounds within seven days, to be dealt with as herein-after provided, and in default of such deposit being mademay dismiss the application.

183. The Under Secretary for Mines or his deputyshall take such evidence on oath in open court as may betendered by or on behalf of the applicant and the lesseerespectively, and shall make such recommendation to theMinister as he may think fit.

Hearing.No. 15 of1904, S. 161,amended byNo. 50 of1120, s. 2,rt /lumbered5..203 inrr "int. nt1926, now

untiltireds. 182.

Report.No. 15 of1104, s. 162,aTienderl byN0. 50 of1)20, K. 2,renumbered

204 hireprint of1x26, nowrenumbereds. 163.

184. (1) The Minister may, upon such report, dis-miss the application or recommend the Governor to can-cel the registration of the owner's exclusive right to mine.

(2) On the dismissal of an application the Ministermay award the whole or any part. of the deposit of tenpounds to the owner; but if the Minister recommendsthe cancellation of the owner's exclusive right to mine,the deposit shall be returned to the applicant.

185. The Governor may, upon such recommendation,by notice in the Government Gazette, cancel the registra-tion of the owner's exclusive right to mine, and may inhis discretion grant to the applicant, for such time as theGovernor may think fit, the prior right to the exclusionof all other persons to take possession of and apply forthe land, or any part thereof, under the provisions ofthis Part of this Act.

PART VIII.—Tan DIIAINAO:8 OF MINES.

186. In this Part of this Act"Machinery" means and includes all appliances, in-

cluding tunnels used for the purpose of rais-ing, lifting, or draining water, whether workedby steam, water, horse, or other power;

The -Ministermay recoupn.end cancel-/t.tion.No. 15 of1a04. S. 163,r en umbered1 . 205 inreprint. of1926, nowrennin boreds 184.

Cancellationof regiatra-t.on andvriority ofapplicant.No. 15 of1904, s. 1 (H,renumbered

200 inreprint of.102d. nowrenumbered5.185.

FormerlyPart V11.Interprctu-1ionNo. 15 of1904. it. 165,renumbereda. 207 inreprint, of1926, nowcimmtiered

196.• Machinery."

"Owner of machinery" includes a mortgagee in pos- "Owner ofact in ery."

session, and any person whether engaged in c

mining., or in mining in conjunction withdrainage, or in drainage works only; and


"Ownet. of .mine.•

Calculationof expense ofdrainage.No.15 of1904, s. 167,renumbereds. 200 inreprint of1926, nowrenumbereds. 187.

"Owner of any mine" includes any person using oroccupying any mine.

187. The owner of any machinery already erected orhereafter to be erected may require the owner of anymine, the workings of which have reached the naturalwater-level drained by such machinery, to contribute afair share of the total expense of draining or drawingthe water from the mines drained by such machinery,and in default of payment, or in case of disagreementrespecting the amount of such share, the owner of suchmachinery may summon the.owner of any such mine be-fore the warden's court, and the warden may make anorder on such owner to paY such sum or sums periodi-cally or otherwise to the owner of such machinery as thewarden shalt think just and reasonable: Provided thatno owner of any mine shall be required to pay any con-tribution exceeding the amount of the benefit actuallyderived by him in respect of such drainage.

The warden may, upon making such order, impose onthe owner of the machinery such terms with regard tothe efficient working thereof for the benefit of all partiesas to the warden shall seem just, and order the same tobe performed, or may make such other order concern-ing the premises as the justice of the ease may demand,and such orders from time to time may annul, vary, oralter.

The warden shall, upon making every such order asaforesaid, forward a copy thereof to the Under Secre-tary for Mines, who shall record the same in his office.

188. The expense of the drainage effected by theowner of any machinery shall be arrived at by calculat-ing

(a) the interest on the value of machinery and plantused for drainage purposes only;

(b) the wear and tear of such machinery and plant;(c) the cost of oil, grease, and packing;(d) the proportionate cost of fuel expended or of

horses employed in drainage operations;(e) the wages of engine-drivers and of other per-

sons in such proportions as such persons maybe deemed to be employed in draining a mine;and

Owners orpumpingmachioorymay requirecontribosienfrom ownersof mines forthe drainagethereof.No. 15 of1904. s. 109,:upended by?in . 50 of:920, S. 2.renumbereds. 203 inreprint, of1020, uowrenumbereds. 187.


(f) such other expenses as the owner can provehave necessarily been inc-Irred in respect ofdrainage effected by any machinery.

189. No drainage dues shall be demanded for anyperiod during suspension of draining operations; and indetermining the cost of drainage effected by the ownerof any machinery, if the whole or any part of the waterraised by such machinery shall he used by the owner ofsuch machinery for mining purposes, the value of suchwater shall be ascertained and dedmited from the gemera] cost of such drainage.

190. In determining the mines the owners of whichshall be liable to contribute towards the expenses ofthe drainage effected by the owner of any machinery,regard shall be hard to the total length of reef or lodeor to the extent of lead or deposit affected by the drain-age operations of such machinery, and to the amount ofthe benefit derived by the owners of mines from suchoperations; and the share to be contributed in respect ofeach mine drained shall be proportioned as }many asmay be to the length of such reef or lode or the extentof such lead or deposit contained within each such mine,and to the amount of benefit so derived.

No drainagee pee to bedemanded incertain mums.No. 15 of1904, s. 168.renumbereda. 210 inreprint of1926, nowrenumbereds. 189.

:dodo ofenleulttlingamount ofC'm tribu 1,1011.

Is'o. 15 of904. s. 169,

r 21, unit) ereds 211 inreprint of1026, nowrenumbereds 190.

191. The owners of each mine liable so to contributeshall receive credit for the value of any work they shallperform in assisting' to drain, and such value shall headded to the general cost of drainage.

192. Whenever any sum of money or portion of anysum of money ordered to be paid in or by any decisionor order of a warden under this Part of this Act, andwhether such money was ordered to be paid at one timeor in periodical payments, shall remain unsatisfied inwhale or in part, and whether after previous executionsor not., for fourteen days or for a longer period, thewarden to whom a certified copy of the said order shall

• he produced shall, on the application of the owner ofmachinery claiming to be entitled to the moneys of suchorder, or any person in his behalf, grant to the applicant

• a certificate in prescribed form.

orl: doneby owners.No. 15 of1494, F. 116,renumbered

212 inrePrint of1126. nowntaumbereds. 191.

Enforcemento: Warden'so7 der.No. 15 of1)04, s. 171,re/lambs:reds. 213 inreprint! of1,26, I:1•reounibereds. 192.

The Mining Act, 1904-19.37.

The party obtaining such certificate may file the samewith the mining registrar of the goldfield or mineralfield in which the mine is situated, and thereupon eNecu-lion may issue, and all such. proceedings be had andtaken to enforce payment of the moneys mentioned insuch order as provided in Pa l l N. of this Act.

hi the event of any such decision or order of the war-den imposing upon the owner of machinery any termswith regard to the efficient working of the machinery orotherwise, such terms may lie enforced in the same man-ner as orders by a warden other than orders for the pay-ment of money may he enforced under this Act; and t hewarden may suspend the enforcement of so much of theorder as directs thi` Ville111; or honey 1.1) the owner ofmachinery until the terms in Laicli order imposed uponsuch owner of machinery have been carried out.

193. Whenever and so soon as any order of a wardenmade under this Part of this Act shall have been filedwith the mining registrar, the moneys directed in suchorder to be paid shall, so long as any part thereof re-mains unpaid and unsatisfied, become and be a charge,subject to prior encumbrances, upon. Hie estate or inter-est of the owner of the mine in respect of which themoney mentioned in such order is directed to he paid,and upon all plant and uutchinmy thereon and all pro-perty of the owner of the mine iu such land, plant, andmachinery; and the warden to whom a certified copy ofsuch order shall be produced may by his order restrainthe sale or other disposal or transfer of such interest inthe mine, plant, machinery, or property until suchmoneys have been paid:

But nothing herein contained shall he deemed in anyway to lessen the right of seizure and sale of such inine,plant, machinery, and property under any executionissued for the realisation of the moneys ordered in suchwarden's order to be paid or contributed.

194. The remedies provided in the two last precedingsections shall he in addition to, and not in derogationof any of the remedies given in or by any other sectionof this Act, and shall not be construed to in any waylessen or take away any of the jurisdiction, power, orremedies created or given in or by such last-mentionedsection.

sij

Certifiedorder to becharge onproperty ofmine.numer.No. 1.5 of1004, s. 172.renumbereds. 214 inreprint of1926, nowreuumboredb. 193.

Warden mayrestrain saleof suchproperty untilmoneys paid.

Remedies inthis divisionto becumulative.No. 15 of1904, s. 173.renumbereds. 215 inreprint of1926, nowrenumbereds. 199.

Drainage ofmines.

II,Pos:eViecolf by919, s. 2, as

;.enn.gtred

.-s12-16 in11-1n1..of1926, nowrenu mb erede. 195.


195. (1.) Whenever in the opinion of the Ministerthere is an inflow of water to any mine from any othermine, or such an inflow is likely to happen, the Ministermay, by his servants and agents, enter upon the last-mentioned mine and do all things he may think it todischarge the water therefrom.

(2) The Minister may provide plant and machineryfor the purpose, and may use the pumping plant andmachinery on any mine entered upon as aforesaid, ormay by notice to the owner compulsorily acquire suchplant and machinery, and thereupon the same shall be-come vested in the Crown:

Provided that such sum shall be paid by the Ministerfor the rent and depreciation of ally plant and machineryso used, or as the value of such plant and machinery ifcompulsorily acquired, as may be agreed upon betweenthe Minister and the owner thereof, or, in default of anysuch agreement, as may be fixed by arbitration.

(3) All expense incurred by the Minister under thissection shall be apportioned between the owners of theseveral mines benefited by such operations by the with-drawal or the prevention of inflow of water, in propor-tion to the benefits derived from such operations, andthe amounts so apportioned shall be debts due from theowners of the, several mines to the Crown. Such appor-tionment shall be made by the Minister, subject to theright of any owner to have the amounts fixed by arbitra-tion.

(4) Any owner of a mine may, with the consent inwriting of the Minister, by himself, his servants andagents, enter upon any other mine in winch operationsunderground have been wholly or partially suspended,and with the like consent do all things that may bedeemed necessary to prevent the inflow of water there-from to his mine, and for such purpose may, with thelike consent, use any pumping plant and machinery onthe mine so entered upon, subject to the payment to theowner thereof of such sum for rent and depreciaticn asmay be agreed upon or, in default of agreement, as mayhe fixed by arbitration.

(5) Any submission to arbitration under this Actshall be to a single arbitrator to be agreed upon, cr, indefault of agreement, to he nominated by the warden ofthe goldfield in which the mines are situated.


(6) The arbitrator shall he a mining engineer, or amine manager of at least five years' standing.

Rent andaurvey fee tohe paid.No. 15 of1904, S.177,renumbereds. 220 inreprint of1926, nowrenumbereds. 199.

PART IX.-1111NErts' flonsTEAD LEASES.

196. Any miner resident on a goldfield or a mineralfield, being not less than eighteen years of age, or anyincorporated company, may, subject to the regulations,apply for a lease, to be called a "Miner's HomesteadLease," of any Crown land within the limits of the gold-field or mineral field.

197. The application shall be lodged at the office ofthe warden of the goldfield or mineral field within whichthe land applied for is situated.

198. No person may apply for a larger area of landas a miner's homestead lease, within the limits of thesame goldfield or mineral field, than the following,whether held in one holding or several holdings, that isto say

Within two miles of the nearest boundary of anytownsite or suburban area, twenty acres;

Beyond two miles from such boundary, five hundredacres;

And the aggregate area applied for by any one per-son within the same goldfield or mineral fieldshall in no case exceed five hundred acres.

The warden may recommend the reservation of a town-site and the boundaries thereof before recommending theissue of any miner's homestead lease.

For the purposes of this section, and' areas of landdistant more than twenty miles from each other shall bedeemed to form part of different goldfields or mineralfields.

199. At the time of lodging the application the appli-cant shall deposit at the warden's office the amount of ayear's or half a year's rent, at the. rate hereinafter pre-scribed, together with the prescribed survey fee.

• ouery.--any'

.FormerlyPart VIII.

Applicationfor miner'shomesteadlease.No. 15 of1901. b. 174.renumbered. 217 in

repri ut of1026, nowrenumberedA. 196.

Appticutiouto be madeto theWarden.No. 15 of1009, s. 175.renumbereds. 219 inreprint of3926, nowrenumberedR. 107.

Area of landthat may belemod.No.15 of1904, s. 176.renurobereds. 219 inreprint of1926, nowrenumbereds. 198.


Applications made between the first day of Januaryand the first day of July in each year must be accom-

. pained by a year's rent, and applica.-ions made betweenthe first day of July and the first day of January by halfa year's rent, and in either case the next year's rent shallbe payable. on or before the thirty-first day of Decembernext ensuing.

200. If two or more persons apply at the same timefor the same portion of land, the priority of right shallbe determined in accordance with the provisions of sec-tion sixty-seven of this Act.

201. The applicant shall, within forty-eight hoursafter lodging the application, post on sonic conspicuousportion of the land applied for, and at the warden's office,a copy of the application; and such copy shall be kept soposted until the day of hearing the application by thewarden.

202. Any holder of a miner's right or of any pastoralor timber lease may, at any time within twenty-one daysafter the lodging of an application, lodge at the warden'soffice a notice of objection to the application, specifyingthe grounds of objection.

Priority.No. 15 of1904, s. 378,renumbereds. 221 inreprint of1926, nowrenumberedN. 200.

rusting onland of appli-cation andreceipt.No. 15 of1904,6.170,renumbereds. 222 inreprint of1926, nowrenumbered

201.

Ob1cetionc.No. 15 of1904. s. 180,renumbereds. 223 inreprint of1926, nowrenumbered3.202.

203. All applications and objections thereto shall beheard by the warden in open coult after personal in-spection of the land by him, or the receipt of a reportby a mining surveyor or inspector of mines.

13euricg.No. 15 of1004, e. 161,renumbereds. 224 inreprint Of1926, nowrenumbered

203.

204. If the land applied for in2ludes any claim orauthorised holding, or if the granting of the applicationwould, in the opinion of the warden, in any way inter-fere with mining or with the requirements of the public.the warden shall make such alterations in the area am:boundaries of the land as seem advisable to him, or hemay reject the, application.

rower ofWarden toalter or reject

No. 15 of1904.s. 382,renumbereds. 225 inreprint of1026, newremembereds. 204.

76 The Miming , 1904-19.57.

Tf the laud contains improvements he may impose acondition that the applicant shall pay the value of suchimprovements, to be fixed by the warden.

205. Upon the report of the warden, the Ministermay, with the approval of the Governor, grant to theapplicant a miner's boniest ead lease, which, subject tothe. prescribed conditions, shall be in force so long asthe lessee pays the rent as prescribed by this Act, andobserves and performs the covenants of the lease.

206. When an application for a lease is rejected, theapplicant shall be entitled to have the amount depositedby him as rent returned to him, together with the surveyfee if no survey has been made.

207. Mien a lease has been approved, notice thereofshall be published in the Government Gazette, where-upon the. applicant shall he at libert y forthwith to enterupon and occupy the land applied for:

But if, at the expiration of six months from the. noti-fication of approval in the Government Gazette, the ap-plicant has not used or occupied the said land, eitherby himself residing. on it and by ench)sing one-tenthpart of it with a substantial fence, or by ,,,ubstantiol im-provements On the land, or by carrying on sonic 111111111-

facture upon or in connection with the land, he shall, bedeemed to have abandoned the land, and shall cease tolie entitled to a lease thereof, and any lease alreadygranted may be cancelled, and he shall not be entitled toa return of any moneys paid by him as rent, and theland may be immediately applied for by, and may begranted to another applicant.

Issue oflease.No. 15 of1004, s. 183,renumbereds. 226 inreprint. of1926, novrenumberedF. 205.

stet urn ofrent andfoirrey fee.No. 15 of1904, s. 184,renumberedK. 227 inreprint of192fi, nowrenumbereds. 200.

Occupationon approval(it implicit •tint.No. 15 of1904. F.. 185,renumbereds. 228 inreprint of1926, nowrenumbereds. 207.

208. The lessee shall, within three years from thedate of the survey of the land, fence the whole of theland with a substantial fence not being a brush fence,proved to the satisfaction of MoMinister to be sufficientto resist the trespass of great stock, and within fiveyears of said date shall expend upon the land, in pre-scribed improvements, an amount equal to ten shillingsper acre.

Lessee tofence andimprove.No. 15 of1904, s. 186,ronninbereds. 229 inreprint of1928, nowrenumbereds. 208.


209. Where any land comprised in a miner's home-stead lease shall previously have been held by the lesseeunder the regulations as a market garden area, any im-provements thereon shall be deemed a performance ofthe obligations of the lessee under section two hundredand seven, so far as such improvements may extend.

77

toimprovementson landpreviouslyheld as amarketgarden area.No. 15 of1904, s. 187,renumbereds. 230 inreprint of1920, nowrenumbereds. 209.

210. No improvements shall be deemed made pur-suant to this Act, nor shall any payment or valuation bemade in respect thereof, unless the Minister shall besatisfied that the same were made bona fide for the pur-pose of improving the land, and unless the same shallconsist of wells of fresh water, reservoirs, tanks or dams,of permanent character and available for the use ofstock; or of dwelling-houses or buildings for industrialpurposes; or of sheds and buildings erected for farmor shearing or station purposes; or of cultivation, sub-division fences, clearing, grubbing, draining, ringbark-lug (at not more than two shillings and sixpence peracre), or any other improvement for maintaining or im-proving the agricultural or pastoral capabilities of theland.

211. The rent reserved by a miner's homestead leasefor the first twenty years shall be as follows, that is tosay

(a) if the area does not exceed twenty acres, au an-nual rent at the rate of two shillings forevery acre or part of an acre; and

(b) if the area exceeds twenty acres, au annual rentat the rate of sixpence for every acre or partof an acre.

Thereafter the rent payable in respect of such leaseshall he an annual rent of one shilling payable on thefirst day of January in every year if demanded:

Provided that the minimum animal rent for the firsttwenty years shall not be less than ten shillings.

212. A miner's homestead lease may be transferredor sub-let with the approval of the Minister in the pre-scribed =ruler, but not otherwise:

Provided that no person shall be entitled to transferany hcmestead lease to any person then holding themaximum area under this Act, unless such lease shall

Payment forimprove-ments.No. 15 of1904. s. 188,renumbered8.291 inreprint of1928, nowrenumberede. 210.

:tent.No. 15 of1904. s. 159,renumbereds. 232 ilkreprint of1926. nowrenumbered3. 211.

Transfer ofminer'shomesteadlease.No. 15 of1904, s. 190,tonnaboreds. 233 inreprint of1926, nowrenumbered

212.


have been in existence for a period of ten years prior tothe date of such transfer, and the transferee is a personotherwise qualified under this Act.

Transfers 213. When a miner's homestead is taken in execu-on seizurein execution. Lion and sold, the sheriff or other proper officer shallNo. 15 of1904, s. 191, execute a transfer of the lease to the purchaser, awlrenumbereds. 234 in upon registration of the transfer and payment of thereprint of1026, now prescribed fee the lease shall be transferred to the pur-renumbereds.213. chaser accordingly:

Provided that the transferee shall be the holder of aminer's right, and otherwise qualified to hold the lease.

Mortgages. 214. A miner's homestead may be charged with orNo. 15 of1904, e. 192, made security for the payment of a sum of money•renumbereds. 235 inreprint of When a miner's homestead is intended to be charged,1926, nowrenumbered the lessee shall execute a memorandum of mortgage ins. 214.

the prescribed form, in duplicate, one of which shall beregistered in the Department of Mines at. Perth; and incase of several mortgages of the same homestead theyshall take effect according to priority of registration.

A fee of five shilling's shall be payable upon the regis-tration of every memorandum of mortgage, or transferthereof.

No mortgage shall be made in favour of or transferredto any Asiatic or African alien, nor to any person ofAsiatic or African race claiming to be a British subjectwithout the authority in writing of tile Minister first ob-tained.

Effect of31ortgage.No. l'5 of1904. s. 193,renumbereds. 236 inreprint of1920. nowrenumbereds. 215.

Rights ofmortgagee.No. 15 of1904. s. 194,renumberede 237 inreprint of1920. nowrenumberedS. 215.

215. A memorandum of mortgage shall have effectonly as a security for the sum of money intended to besecured by it, and shall not take effect as an assignmentof the lease.

216. If default is made in the payment of the moneysecured by a memorandum of mortgage according to thetenor thereof, or upon the happening of any event whichaccording to the terms of the memorandum entitles themortgagee so to do, the mortgagee may-


(1) enter upon and take and retain possession ofthe miner's homestead for any period not ex-

. deeding two years;(2) sell the miner's homestead by public auction

after not less than thirty days' notice of theintended sale published in the GovernmentGazette and a newspaper (if any) generallycirculating in the district:

Provided that the purchaser shall be the holder of aminer's right, and otherwise qualified to hold the lease:

Provided also, that the Minister may extend for afurther period not exceeding twelve months the time dur-ing which the mortgagee may retain possession of or sellthe miner's homestead.

217. Upon a sale of a miner's homestead under thepower of sale hereby conferred upon a mortgagee, hemay transfer the lease to the purchaser in manner here-inbefore prescribed, and the transfer shall be registeredupon payment of the fee of five shillings.

218. Any miner may mark off, apply for, and take upfor mining purposes, in accordance with the provisionsof this Act and the regulations, any land comprised ina miner's homestead lease in the same manner as if theland were unoccupied Crown land.

219. A mining lease may be granted under this Act ofland comprised in a miner's homestead lease; but insuch case the lease shall be of the mines under such landonly, and not of the surface of the land.

Transfer onsale.No. 15 of1904, 5.195,renumbereds. 238 inreprint of1926, nowrenumbereds. 217.

Dights of-miners to-work lensedland.two. 15 of3904, S. 396,YollurnberedF. 239 inreprint of1926. no".renumbered5. 218.

/dining lensesmay begrantedthereof.No.15 of:904, 6. 197,renumbereds. 240 inreprint of:926, nowrenumberedt. 219.

220. When land comprised in a miner's homestead Machinery.plant, access,lease is taken up for mining purposes, or is included in etc.No. 15 ofa mining lease, the person entitled to mine thereon or 1

e904, 6. /08,

rnumbtherein shall be entitled to erect, maintain, and remove rt. 241 ineredreprint ofbuildings and machinery, sink shafts, and carry on all 1926. now-enu- necessary mining operations upon the surface of the land 220m.bered

comprised in the claim or mining lease, and shall also beentitled to access to the mines thrcngh the residue of

_ the land comprised in the miner's homestead.

SO The Milling Act, 1904-1937.

\ Varden tohold depositax security.

Injury toimprove-ments.

Claim foradditionalinjury toimprove.inents.

221. (1) In any of the cases in the last precedingsection mentioned the lessee of the miner's homesteadmay require the warden to assess the amount of thedamage likely to be. done to any improvements upon hishomestead, and the warden after such assessment may-require the miner or applicant for a lease working orabout to work upon the land to deposit in his hands theamount thereof; and until such payment is made theminer or applicant for a lease shall not be entitled towork upon the land.

(2) Upon receipt of the amoutt so required to be de-posited the warden shall pay the same. to a. trust account,to be paid either wholly or in part to the lessee, if hesustains any damage, or to be returned to the miner ormining lessee on his leaving the land if he does nodamage.

(3) In assessing such damp only actual injury toimprovements shall be taken into account, and no com-pensation shall he allowed for the value of the In nd orthe lessee's interest therein.

(4) When a lessee. has received any money by way ofcompensation for injury to improvements, he shall notafterwards be entitled to , claim 3ompensation in respectof the same improvements, but shall be entitled to claimfor additions made to them after the time when he re-

ceived such compensation.

222. When a miner or lessee cf. a mining lease has putup any building or other erection, or put down a shaftupon land comprised in a miners homestead, and after-wards leaves the land, the lessee of the homestead shallnot remove or destroy such building, erection, or shaftwithout the sanction of the warden.

Any lessee offending against the provisions of thissection shall be liable to a penalty not exceeding one.hundred pounds.

223. The Governor may, after six months' notice tothe lessee, resume the whole or any part of a miner'shomestead.

Subject to the powers of resumption reserved by thelease upon any such resumption the lessee shall be en-titled to compensation for improvements to be determinedby the warden as sole arbitrator.

Con pensotionfor landNo. 15 of190 .1, s. 100,rortionbered. 242 in

reprint Of1926, nowrenumbered6.221.

Protection ofmining int-proi'enients.No . 15 of1904, s 200.rents. 243 inreprint of1026, nowrenumbered

11esolupt ion.No.15 of1004. s. 201,renumbereds. 244 inreprint of1926. nowrenumbereds. 223.Amount ofcompensation

The Alining Act, 1904-1937. 81

224. No land held as a miner's homestead under thisPart of this Act shall be deemed to be private landwithin the meaning of Part VII. of Pais Act.

225. The provisions of this Part cf this Act shall onlyapply to such goldfields and mineral fields or to suchportions thereof respectively as the Governor may fromtime to time declare by notice in the Government Gazette.

PART IX.—PURCHASE AND Sat OF GOLD.[Part. IX.—Sec ions 204. to 225 of No. 15 of 1904 repealed by

No. 28 of 1921, s. 2.]

PART X.—ADMINISTRATION OF JUSTICE.

The Warden's Court.226. The Governor may, by Order in Council, estab-

lish warden's courts at such places as he deems necessary,and may assign to any warden's court such goldfields andmineral fields or districts as he thinks fit.

227. (1) The Governor may, in Eke manner, alter theplace at which a warden's court is established, or orderthat any warden's court. shall be discmitinued, or that anygoldfield or mineral field or district shall cease to beassigned to such court, and be assigned to another court.

(2) :When a warden's court is discontinued, or anygoldfield or mineral field or district ceases to be assignedto such court, the proceedings pending therein, and therecords thereof, or such of the proceedings and records asrelate to such goldfield, mineral field, or district shall betransferred to and continued in such other warden'scourt as the Governor may direct.

Miners'aomesteadenot subject:0 Purl VII.No. 15 of190-1, R. 202,renumbereds. 246 inreprint of1926, nowrenumbereds. 224.

Applicationof this part.No. 15 of1904, s. 203,renund/ertds. 216 inreprint of3926 • nowrenumbereds. 225.

No. 15 of1904, PartIX.

No. 15 of1904, Part-X.

Establish-ment ofwardens'Courts.No. 15 of1904. s. 226.renumbereds. 237 inreprint of1926,110Wrenumbereds. 226.

Alterlain» oflocality ordiscontinue!MCC illereof.No. 15 of1901. s. 227,renumbered8. 238 inreprint. of1926, nowrenumbereds. 227.

228. Wardens' courts shalt be deemed to have been, ;',!''=';'n"giceand, until the Governor otherwise orders, shall remain c'f).11.1.1":' of

and be established at the several places at which existing ,1.:,,0„4;,,s,;0L2,8,.

wardens' offices and registrars' offices are situated. s. 249 inreprint of1925, nowran umbereds. 228.

82

warden'sCourt aknurl ofrecord.No. 15 of1004, s. 229,renumbereds. 250 inreprint of1926, nowrenumbereda. 229.

Time andplace forholdingCourt.No. .1G of190 4 , s. 230,renumbereds.251 inreprint of1926, nowrenumbereda. 230.

Power forWarden toPer! ormduties ofnnothefWarden.No. 15 of1904, s. 231,renumberedft 252 inreprint of1926, nowrenumberedS. 231.

Matters inreupect ofwhich'Warden'sCourt, to havejurisdiction.No. 15 of1904. a. 232.remit/there-LIs. 253 inreprint of1926, nowrenumbereds. 232.


And, until the Governor otherwise orders, the severalexisting goldfields and mineral fields shall be deemed tohave been assigned to the several courts to which theexisting wardens' and registrars' offices for such gold-fields and mineral fields respectively belong.

229. Every warden's court shall be a court of record,and for every court there shall be a seal.

All summonses, judgment orders, warrants and otherprocess issued out of the court shall he signed by thewarden or mining registrar.

230. Every warden's court may be held before thewarden at such times as the warden from time to timeappoints.

231. In the absence for any reason of the wardenusually presiding in a court, any other warden may pre-side and otherwise act and perform all his duties in hisstead, and the fact of any other warden so presiding oracting shall be conclusive evidence of his authority soto do.

Jurisdiction.

232. The warden's court shall have jurisdiction tohear and determine all such actions, suits, and other pro-ceedings cognisable by any court of civil jurisdiction asarise within the district concerning the following mat-ters, that is to say:

(1.) Area, dimensions, and boundaries of miningtenements;

(2) Title to and ownership or possession of miningtenements or the products of mining;

(3) Questions or disputes relating to water or waterrights;

(4) Encroachments upon, infringement of, or in-juries to mining tenements;

(5) Specific performance of contracts relating tomining tenements or mining;


(6) Transfers and other dispositions of or chargesupon mining tenements;

(7) 'Trusts relating to mining tenements or mining;(8) Partnerships relating to mining tenements or

mining, the formation and dissolution there-of, the taking of accounts connected there-with, and the determination of all questionsarising between the partners;

(9) As to contribution between joint lessees orholders or persons holding shares in any min-ing tenement towards the rent of or expensesof prospecting or mining the land;

(10) Encroachment upon or injury to land by reasonof mining whether held under the provisionsof this act or otherwise howsoever;

(11) Encroachments upon, injuries to, and the de-termination of all questions concerning roads,tramways, railroads, or fences constructed,held, or occupied under any Act relating tomining.;

(12) And generally concerning all contracts, torts,questions, or disputes of any kind relating tomining tenements or mining, or to any matterin respect whereof jurisdiction is elsewhereby this Act conferred upon the court or thewarden, whether the parties thereto are orare not engaged in mining operations.

233. Whenever by this Act or the regulations a pen-alty is imposed for any breach thereof (not being apenalty in lieu of the forfeiture of a mining tenement),the proceedings for the recovery of such penalty maybe taken in a summary way i.n the warden's court, andaccording to the provisions of the Justices Act, 1902,which provisions shall apply in like manner as if thewarden were sitting as a resident magistrate under thatAct, or before any two justices in petty sessions.

234. Every warden's court shall have jurisdictionth.-.•oughout the whole of -Western Australia.

Provided that when the hearing of any action, suit, orother proceeding involves the trial of a right to any landor mining tenement or share therein, or any money due

1:tveotery ofpenalties.:Co. 15 of1004, s. 222.

•:e.nu inhered254 in

reprint of1926, nowrenumbered

233.

V en en.No. 15 of1004, s. 234,' mended byNo. 50 of1920. s.2renumbered:.255 inreprint of1726, nowrenumbered

234.


in respect thereof, or contributions or calls made or ap-portioned by and between any persons for the purposeof carrying on the business of mining, or in any wayconnected therewith, the same shall take place in thewarden's court next hereinafter appointed, that. is tosay

(a) when such land or mining tenement is situatedwithin the limits of a goldfield or mineralfield, or district, assigned to any warden'scourt, then in the warden's court to which suchgoldfield or mineral field or district is so as-signed; and

(b) in al] other cases in the warden's court held bythe Under Secretary for Mines ender the pro-visions of section two hundred and seventy-one:

Anil provided further that, if the warden is satisfied thatany action, suit, or other proceeding pending in hiscourt has been erroneously brought before such court,or could more conveniently he dealt with in anothercourt, he may order the mining registrar to transmit acopy of the record of the proceedings to the miningregistrar of such other court, and to give notice thereofto the parties; and upon the receipt of any such trans-mitted record, the mining registrar receiving the sameshall appoint a day for the hearing or further hearingor other consideration of the action, suit, or proceeding,and shall give notice thereof to the parties, and suchaction, suit, or proceeding shall be heard or consideredaccordingly.

Procedure.

Procedure. 235. The procedure of the warden's court shall he inNo. 15 of11)04. s. 2a5. accordance with this Act . and the regulations:rentllitheredb . 256 inreprint of But the warden, or in his absence the mining registrar1:126. num'1-0111/ mbered may, in his discretion, at, the request in writing of the

2a5. parties concerned, hear and determine any question indispute within his jurisdiction smumarily and withoutrequiring any formal proceeding to be commenced, andthe decision of the warden or mining registrar may beentered upon and enforced as an order of the cona, andshall be final and conclusive.

The Milting Act, 1904-1937. 85

236. With respect to all proceedings in the warden'scourt, the following provisions shall apply:—

) The hearing shall be in open court, at the timeand place appointed hi that behalf:

Provided that if for any reason the cow tcannot be held at the time and place ap-pointed, the mining registrar may adjourn itto some other time or place as the warden or,in the absence of the warden, as the miningregistrar appoints in that behalf.

(2) The hearing may be adjourned by the courtfrom time to time, or from place to place, insuch manner and on such terms as to costs orotherwise as the court thinks fit.

The warden may administer oaths.

Every witness shall be examined on

If any person, being duly summoned to attendas witness, fails to duly attend at the time andplace named in the summons, or, attendingrefuses to be swum or to answer any lawfulquestion put to him, the court may forthwithinflict on him a penalty not exceeding tenpounds unless reasonable cause for such fail-ure or refusal is made to appear to the court.

The court, upon such terms as to costs or other-wise as it thinks fit, may by order grant timeto any party for any purpose, add or strikeout parties, and generally do whatever itdeems expedient for the purpose of effectivelydisposing of the matter before it., accordingto the substantial merits of the case.

The costs shall be in the discretion of the war-den, and lie shall fix them, or may direct themto be taxed.

237. Any person under the age of twenty-one yearsmay sue and be sued in the warden's court in the samemamier in all respects as if he were of full age.

(3)

(4)

(5)

(6)

(7)

oath.

Mode oftrial; costs.N .J. 15 of

s. 236.renumbered9. 257 inreprint of1926, nowrenumbereds. 236.

Persons undertwenty-onoma y sue madbe sued.No. 15 of19)4, s. 237,ren u mbereds. 268 inreprint of1936, nowrenumbereds. 227.

The Alining Act, 1904-1937.

Powers of the Court.

238. At any stage of any proceeding, the court, of itsown motion, or on the application of any of the parties,and on such terms as to costs or otherwise as it thinksfit, may exercise any of the following powers:

(1.) It may order any person having the possession,custody, or control of gold, mineral, or anyother chattels whatsoever to deposit the samewith such person, within such time and insnob place as are named in the order, there toabide the further order of the court.

(2) It may cause all such gold, mineral, or chattels.to be valued.

(3) It may cause all or any such gold, mineral, orchattels to be delivered up to he ratably ap-portioned amongst the persons founcl by thecourt to be cntitled thereto.

(4) It ma.y order such gold, mineral, or chattels, ora sufficient. part thereof, according to thevalue ascertained as aforesaid, belonging toany party against whom an order has beenmade by the court for the payment of moneyto am- other party, to be delivered to suchother panty in or towards satisfaction of suchorder.

It may order money deposited with the miningregistrar to be held to abide the future orderof the court or warden.

(6) If the default is made by duly complying withany such order for the deposit, valuation, ordelivery of gold, mineral or other chattels,the court may cause them to be seized andheld by the bailiff or other officer until thefurther order of the court.

it may order any mining operations to . be sus-pended until the further order of the court,or to be carried on by or under the directionawl control of a person appointed by the court.

If any order under subsection six hereof is madeon the application of any party to the pro-ceedings, such party may be subsequentlyordered to pay such reasonable compensation

86

Powers ofCourt.Nn. 15 of1904,8. 238,renumberedt. 259 inreprint of1926, nowrenumbereds. 238.

(5)

(7)

(8)


(if any) as the court directs to any otherparty who suffers damage by the operationof the order.

It may order a survey-, plan, or measurement ofany land or mining tenement, or any partthereof, to be made by any duly authorisedmining surveyor.

1:10) It may inspect any land, mine, or mining tene-ment, or order the same to he inspected, andmay take judicial notice of anything observedin the course of such inspection.

(1.1) When making any order undo- this section, thecourt may require such one or more of theparties as it names in that behalf to depositwith the mining registrar such sum as thecourt thinks reasonable in respect of the ex-penses of and incident to the carrying out ofsuch order.

(12) Such expenses shall he fixed by the court, andshall ultimately be payable by such. partiesand in such manner as the court directs.

(9)

239. (1) The court may, at any stage of proceedingsbefore it, of its own motion, or on the application of anyparty to the proceedings, and on such terms as to costs,expenses, or otherwise as to the court may seem tit, byorder authorise any person to enter on any land, mine,or mining tenement to ascertain whether any encroach-ment exists, or there is any influx of water therefrom,or any accumulation of water thereon, or for any otherpurpose.

(2) Every person so authorised may thereupon enterupon the land, mine, or mining tenement described in theorder, descend any mine or shaft, and make such exam-ination, and, if a licensed mining surveyor, such survey,sections, and plans as he may deem necessary, and availhimself of the engines, machinery, and appliances usedin the ordinary operations of the mine.

(3) If any such person shall, except as a witness in acourt of justice, without the consent, in writing, of theowner or occupier of the land, mine, or mining tenementto be entered upon, divulge to any person whomsoever

Power toauthoriseentry andnvieetion.

No. 15 of10C4, G. 239,renumbereds. 260 inreprint of1926, nowrenumbereds. 229.

88 The, Hiving Act, 1904-1037.

any information obtained upon or by such entry, other-wise than for the purposes thereof, he shall be liable tothe penalties for an infringement of this Act.

240. The powers by the last preceding section Con-ferred upon the. court may, subject to the regulations,he exercised on the application of any person prior to theactual eonuueu cenicut of an action or other proceedingif the court is satisfied that the applicant is or bona fideclaims to he entitled to any land, mine, or mining tene-ment, and believes that the same is or may he encroachedupon, or that there is any influx of water therefrom, orany accumulation of water thereon.

241. hi all matters within its jurisdiction the courtshall have power to enforce contracts, award damages,appoint receivers, grant prohibitions, injunctions, at-tachment orders, and charging orders; to add, join, sub-stitute, or strike out parties; to impose penalties; tocause gold, metals, minerals, and other chattels to he re-stored to any person or place whence they have been im-properly or unlawfully taken or removed, or to bedeposited for safe custody with any person or in anyplace, or to be summarily seized; to summon witnesses,award costs, mid generally make such orders and givesuch judgments as it deems proper.

\Viten suehpowers MA ybe exercised.No. 15 of1014, K. 240,renumbereds. 261 inreprint. of1026. nowrenumbereds. 240.

Generalpoweeri ofCourla.Nu. 13 of1904, N, 241,renumberedA. 262 inreprint of1926. nowrep MI/ beret!s 241.

interim 242. if by reason of the pressing emergency of anyinjunction. particular case it shall seem proper to the warden so to

do, he may, on the application of any party to any actionor other proceeding, without notice to any other party,grant an interim injunction to be in force for a periodnot exceeding' seven days, or until the sane: shall hesooner discharged.

So. 15 of1904.s. 242,renu /11110red

N. 263 inreprint of1926. nowronumbereds. 242.

Noiiiie ofinjunction lobe given tothe UnderSecretoryfor Mines.

No. 15 of1904, s 243,amended byNo. 50 of1021. s.renumberedx. 204 inreprint. of1926, nowl'Pl111m boreds. 243.

243. l;pon the granting of any injunction relating toany lease the warden shall at. mice notify by telegraphor, if there is no telegraph, by letter to the Under Secre-tary for Mines the fact of such injunction being grantedand the particulars thereof, and on receipt of such noticean entry of such injunction shall be made in the registerof gold-mining or mineral leases, as the case may be,against the lease affected thereby.


244. If any action or proceeding in a warden's court it !erses

shall be for the possession or recove-sy of any land or N.5:Z41,mining tenement, or any gold, mineral, or earth, or any :9Tercred

share or interest therein, the court shall determine the tato no‘fy

right to the same, and may fix the boundaries of any land ;in,;aberodif necessary so to do for the purpose of terminating thedispute, and shall determine whether any and what sum,in the nature of mesne profits, may be paid to the coin-plainant:

And the warden may order possession of such land,mining tenement, gold, mineral, or earth to be deliveredto the complainant, and any such sum to he paid to him,and may cause the complainant to be put in possession •Of any land or mining tenement and any defendant orhis servants to be ejected therefrom.

245. Subject to the express provisions of this Act in ncw judg-ment andthat behalf, every judgment, decision, or order of the convictionto hecourt in civil proceedings may be carried out and en- enforced.

forced in like manner in all respects as if it had been 19")4, s. 245.Nc. 15 of

given or made in civil proceedings in a local court; and A. 206 illrenumbered

reprint ofevery conviction or order of the court in criminal pro- 1926, nowceedings, or proceedings imposing a penalty, shall be s. 2.45.

renumbered

carried out and enforced in like manner in all respectsas if it had been obtained or made in summary proceed-ings before justices of the peace.

246. Every warrant, order, or other process of thecourt may be served or executed and put in force by anybailiff of any warden's court or local court without itbeing necessary for him to be specifically named therein,or by any other person to whom it whether before orafter issue, specially directed by any warden, miningregistrar, or clerk of any such court.

By whomwsrrantsmr.y beserved.Nc. 15 of1904, S. •46,renumbereds. 267 inreprint of1926. nowrenumbereds, 296.

247. No action or proceeding shall be dismissed orvitiated because of any informality; nor shall any ob-jection he taken or allowed on the ground of any allegeddefect or misnomer or inaccurate description, or of anyvariance between the relief claimed and the relief whichthe claimant appears to be entitled to, or between thecomplaint and the evidence adduced in support thereof;but in every instance the proceedings shall be amended

Nr proceed-ings to hedismissed forinformality.Nc. 15 of1904. s. 247,renumbereds. 368 inre-flint of1920, nowrenumbereds. 247.


by the court so that the actual subject matter in disputemay plainly appear and be readjudicated upon accord-.ing to the substantial rights of the parties:

Provided that, whenever it appears that any of the.parties is deceived or misled, or that any injustice wouldbe done by proceeding at once with the hearing, the courtmay adjourn the proceedings upon such terms as to costs:or otherwise as it thinks fit.

Record andf urinaldrawing tip ofjudgments.No. 15 of1904, s. 248,renumbereds.209 inreprint of1926, nowrenumbereds. 248.

248. With respect to every judgment, conviction, ororder of the court, the following provisions shall apply

(1) A minute thereof shall be entered in a register.kept for the purpose, and no other recordthereof shall be necessary.

(2) If any of the parties so requests, or if thewarden thinks fit, or if notice of appeal isgiven, it may at any time thereafter be form-ally drawn up under the hand of the wardenor mining registrar.

(3) It shall not be void, quashed, or vacated forwant of form.

249. For the purpose of enabling the court the moreeffectually to exercise the jurisdiction and powers con-ferred upon it by this Act, and to enforce obedience toits judgments and orders and to punish disobediencethereof, it is hereby declared that, in so far as no suffi-cient provision. in that behalf is elsewhere contained inthis Act, the court and the warden thereof shall bedeemed to have and may exercise all the powers of theSupreme Court, or a judge thereof.

250. For the purpose of enforcing compliance with.any judgment or order of the court directing not thepayment of money but the doing. or refraining from thedoing of any act, the following provisions shall apply :—

(1) If any person makes any default in complyingwith any such judgment or order, or in ally

'way impedes or prevents the compliance there-with, he commits an offence, and is liable to apenalty not exceeding twenty pounds, and tobe imprisoned in default of payment, or to be

Additionalpowers ofCourt.No. 15 of1904,5. 249,renumbereds. 270 inreprint of1920. nowrenumbereds. 249.

Orders maybe enforcedby imanmiMint.No. 15 of1904. 5. 250,renumbereds. 271 inreprint of1926, nowrenumberedb. 250.

The Miming Act, 1904-.937. 91

imprisoned without the infliction of any suchpenalty, and the court may issue a warrant ofcommitment accordingly.

(2) The person named in such wa:rant shall be takento some convenient prison named therein, anddelivered to the keeper of such prison, whoshall there detain him until he pays suchpenalty (if any) and gives security to thesatisfaction of the court fiat he will refrainfrom repeating such offence or until Ile is re-leased by order of the court:

Provided that no person shall be imprisonedunder this section for any term exceeding sixmonths.

251. Whenever, in the course of any proceedings he- Ptt"tfore the court, any person insults the warden or any Ignoptt

officer of the court, or interrupts the proceedings, or hi No.15 of

any other manner is guilty of contempt in the face of the :.?,=:;acourt, the following provisions shall apply :— s. 272 in

reprint of1126, now

(1) Such person may, by written or verbal direction rentrered

of the court, be taken in-.o custody by thebailiff or any police officer or constable, withthe assistance, if necessary, of other persons,and be detained until the. rising of the court.

(2) Instead of discharging such person at the risingof the court, the warden Ray inflict any pen-alty not exceeding five pounds, and in defaultof payment commit him to prison for any termnot exceeding seven days, or may commit himto prison for any such term without inflictingany such penalty.

252. If any claim shall be made to or in respect of It.t.erpleader.

any goods or chattels taken in. execution under process 1904, s.252.

from a warden's court, or in respect of the proceeds or nIM„eredvalue thereof by any person, not being the party against CC.W7,`,0"„f-whom such process shall have issued, the warden may, 902';2 bendupon application of the officer charged with the executionof such process, as well before as after any action broughtagainst such officer, issue a summons calling before thewarden as well the party issuing such r rocess as the partymaking such claim:

92 The Aliwing Act, 1904-1937.

Thereupon any action which shall have been broughtin any court in respect of such claim shall be stayed, andthe court in which such action shall have been brought,on proof of the issue of such summons and that the goodsand chattels were so taken in execution, may order theparty bringing such action to pay the costs of all proceed-ings taken therein after the service upon him of suchsummons, and the warden shall adjudicate upon suchclaim and 'make such order between the parties in respectthereof, and of the costs of . the proceedings, as to himshall seem fit.

Spenial oncemay bereserved forSupremeCONNo. 15 of1904, R. 256,renumberedA. 277 inreprint of1926, nowrenumbereds. 256.

253. Any affidavit to be used in any warden's courtor before a warden may be sworn before any judge ofthe Supreme Court or any commissioner for taking affi-davits, or before any warden, mining registrar, or justiceof the peace.

254. Any person may, on payment of the prescribedfee, obtain a copy of any judgment, decision, or order ofa warden.

255. A document purporting to be a copy of a judg-ment, order, or decision of a warden, or of any documentfiled by, or of any entry in a register kept by a miningregistrar, and certified by the mining registrar as a truecopy thereof, shall be admitted in all courts as sufficientevidence of such judgment, order, decision, document, orentry, and the signature of every warden and miningregistrar to any document shall be judicially noticed.

Special cases reserved.256. At any stage of any civil proceedings before it

the warden's court may reserve any question of law forthe opinion of the Supreme Court. and with respect toevery question so reserved the following provision shallapply

) The warden shall prepare a special case, settingforth the question so reserved, and shall trans-mit such case to the Master of the SupremeCourt.

Who mn•takeaffidavits.No. 15 of1904, s. 253,renumbered.s. 274 inraprinL of7926, nowrenumberedN. 258.

Copies ofdecision ororder to besupplied.No. 15 of1904. s. 254,renumberedH. 275 inreprint of1926. nowrenumberedS. 254.

Proof ofdecision ofWarden'sCourt.No. 15 or1904. s. 255,re till inhereds. 276 inreprint of1026. nowrenumberedS. 255.

The Mining Act, 1904-1937. 93:

(2) The master shall set a special case down forargument before a judge of the SupremeCourt, and the judge's opinion on the specialcase shall, when given, be drawn up and trans-mitted by the master to the warden.

(3) The costs of the proceedings shall be in the dis-cretion of the judge.

(4) Upon receipt of such opinion the warden's courtshall act in accordance therewith, and in themeantime no judgment or order of the courtshall affect the question so reserved.

(5) When reserving any such question, or at anytime before acting on the judge's opinionthereon, the warden, on the application ofany party to the proceedings, and on suchterms as he thinks fit, may make such orderfor an injunction or a receiver or for pay-ment of money into court or for givingsecurity for damages and costs, or otherwise,and on such terms as he may think fit.

Appeals.257. Except as provided by section two hundred and

sixty-six, au appeal at the instance of any party ag-grieved shall lie to the .Supreme Court from any finaljudgment or order of the warden's court.

Appeal to8t.premeCc urt.No. 15 of1504, s. 257,renumbereds. 278. inreprint of1526, nowrenumbereds. 257. •

258. Every such appeal may, as the appellant thinks Appeal onfe orfit, be on matter of fact alone, ,or of law alone or of both No.

et 15 o

w.lof

fact and law: 15:04. s. 258„renumberedreps 2 inProvided that there shall be no appeal on matter of

i 9nt of1526, nowfact from any summary conviction imposing a. penalty, renumbered

except as provided by the Justices Act, 1902. II. 258.

259. With respect to every appeal, the following pro-visions shall appl y :

(1) Within ten days after the decision to be ap-pealed from has been given, the appellantshall file hi the warden's court and serve onthe other party notice of intention to appealand shall lodge with the warden, as depositby way of security for the costs of appeal,the sum of twenty pounds.

Notice endground ofarpeel.No. 15 of1!:04. s. 259,renumbereds. 290 inreprint of1526, nowrenumbereds. 259.


(2) Such notice of appeal shall specify whether theappeal is on matter of fact alone, or of lawalone, or of both fact ar.d law, and shall alsostate briefly the matters of law (if any) form-ing the gram-ids of appeal.

260. If the appeal is on matter of fact alone, or bothfact and law, the appellant shall, Within fourteen daysafter notice of appeal was filed, set down the appeal forhearing by filing with the Master of the Supreme Courta copy of the notice of appeal, the notes of evidence andexhibits in the original proceedings, and the :judgmentor order appealed from, certified as correct under thehand of the warden or mining registrar.

261. if the appeal is on matter of law alone, the fol-lowing provisions shall apply:

(1) The appeal shall be in the form of a special easeto be agreed on by the parties, or if withinseven days after notice of appeal they cannotagree, then to be settled by the warden at therequest of either of them.

(2) The special case, when agreed on or settled asaforesaid, shall he transmitted to the masterby the appellant, who shall also, within thirtydays after the notice of appeal was filed asaforesaid, set the special case down for re-heating, and give notice thereof to the otherparty.

262. If the appeal is on matter of fact alone, or ofboth fact and law, and the Supreme Court so orders, orthe parties agree, the appeal shall be by way of re-hearing; but otherwise the appeal shall be heard anddetermined upon the. evidence and proceedings beforethe warden.

263. The appeal shall in every case be deemed to beabandoned if the appellant

(1) fails to duly file or serve such notice of appeal,or to duly lodge such deposit, within the timehercinbefore limited in that behalf; or

(2) fails to duly set down the appeal or special casefor hearing within the time hereinbefore re-spectively limited in that behalf, or such ex-

94

Setting downappeal.No. 15 of1904, s. 260,renumbereds. 281 inreprint of1926. nowrenuniberedz. 260.

Appeal nnquestion oflaw.No. 15 of1904, s. 261,renumbereds. 262 inreprint of1926, nowrenumbered.s. 261.

Appeal maybe by way ofrellearing.No. 15 of1904, s. 262,renumbereds. 283 inreprint of1926, nowrenumbereda. 262.

'When appealdeemed to beabandoned.No. 15 of1904, s. 203,renumbered

2S4 inreprint of1926, nowrenumbered

263.

•


tended time as the Supreme Court or a judgethinks fit to • grant, on application made bythe appellant before the expiration of thetime limited as aforesaid.

264. Whenever an appeal is abandoned, the same pro-ceedings may be had and taken in respect of the judg-ment or order appealed against as if' no notice of appealhad been given.

265. With respect to the proceedings on the appeal,the following provisions shall apply:

(1.) The Supreme Court, after hearing the appeal,shall make such order reversing or varying thedecision appealed against, or dismissing theappeal, as it thinks fit. •

(2) Such order may also contain such directionswith respect to the costs of the appeal and ofthe original proceedings as ;he court thinks fit.

(3) Every appeal to the Supreme Court shall beheard by a single judge, aid the decision ofthe court shall be final and conclusive, exceptwhere the appeal is on the question of law,in which case there shall he a further rightof appeal to the Full Court, whose decisionshall be conclusive and final.

P:-oeeodingswren appealubsudoned.N.). 15 of15, 04. s. 264,renumbereds. 255 inreprint of1126. nowrennin bereds. 264.

Order ofarpellateCourt andCosts.No.15 of1604, s. 265.TO 0111/1bCredS. 2i16 inre7rint of1926, nowrps limbereds. 265.

266. There shall be Ne pealno appeal— in c aptaincertain

(1.) in any case where, at or before the hearing, the 'c• 15 °C5,GcL

parties by a memorandum in writing lodged 174 inei red, .1in the warden's office, agree that the decision reprint of

]926, nowof the court shall be final; renumbered

s. 266.(2) from any judgment or order of the warden's

court where the value of the subject matter orinterest in dispute shall not exceed two hun-dred pounds, except by leave of the SupremeCourt or a judge;

(3) from any decision, order, or recommendation ofthe warden upon any application for a miningtenement, the forfeiture thereof, or exemption'from labour or other conditions.


PART XL—GENERAL PROVIS:ONS.

267. Nothing in this Act contained, except so far as isherein expressly enacted, shall he deemed to abridge orcontrol the prerogative rights and powers of His Majestyin respect of gold or silver mines.

Saving ofprerogative.No. 15 of1904, s. 267,renumbereds. 288 inreprint of1926, nowrenumbereds. 207.

A p pl ice lions,etc., relatingto laud notwithin.goldfield ormineral field.No. 15 of1904,s. 271.amended byNo. 50 of1920, s. 2.renumbereds. 292 illreprint of1926, now'renumbereds. 271.

268. No Crown land situated within a goldfield ormineral field shall be leased, granted, or disposed of underthe provisions of the Land Act, 1898 w , or any amendmentthereof, without the approval of the Minister for the timebeing charged with the administration of this Act.

269. The Minister may, with the approval of theGovernor and subject to the regulations, grant a rewardarea by way of lease or otherwise to the discoverer ofgold or minerals.

270. (1) Every application for a mining tenementshall be made at the office of the warden of the goldfieldor mineral field or district in which the land applied foris situated.

(2) Where a doubt exists as to the exact position ofany land the subject of an application for a mining tene-ment, the applicant, having in all other respects com-plied with the regulations, may make his application atthe warden's office nearest to such land.

(3) if after survey it is ascertained that any land, thesubject of an application, is situated partly within theboundaries of any two or more goldfields or mineralfields or districts, the Minister shall determine to whichgoldfield, mineral field, or district the land shall be as-signed.

271. (1) For all the purposes of and incidental toapplications for and dealings with Crown land not situ-ated within the boundaries of any goldfield or mineralfield, the Under Secretary for Mines shall have jurisdic-tion as warden, and the office of the Under Secretary forMines in Perth shall he deemed to be a warden's courtand mining registrar's office.

*Now the Land Act, 1933.

Leases. etc.,to be approvedby Minister.No. 15 of1004. s. 268,renumberedS. 289, inreprint of1926, nowrktuumbereds. 268.

Reward areasmay begranted.No. 15 of1004, s. 269,eon I/ Inhereds. 200 inreprint of1926, itOWrenumbereds. 269.

Applicationsfor miningtenementsto be madein localWarden'soffice.No. 15 of1904, r.. 270,renurnbereds. 291, inreprint of1926, nowrenu mb eredd. 270


•

(2) The Under Secretary for Mines may temporarilydelegate Ins powers under this section to any residentmagistrate or other officer in outlying districts. .

97

272. In every application for a mining lease or forregistration of a claim the applicant shall state

(a) the number of shares or units into which thelease or claim is to be divided, and, where anapplication is made by two or more persons,the number of shares or -nits to be held byeach person; and

(b) the name by which the leas, or claim is to beknown, such name being subject to the ap-proval of the warden.

No alteration in the number of shares or units, thedivision, or name of any lease shall be made without theconsent of the Under Secretary for Mines, or in the caseof a claim without the consent of the warden, and notransfer or other dealing affecting less than one share orunit shall be registered :

Provided that no authorised holding or miner's home-stead lease shall be divisible into shales or units.

Lindlentionfur lease orclaim tostate numberof shares.No. 15 of1004, a.272..mile/Mod byNo. 50 of1920. s. 2.renumberedE. 203 inteprint of1 926, nowrenumberedE. 272.

273. Every mining tenement, and every share andinterest therein, shall be deemed and taken in law to bea chattel interest, and, subject to this Act and the regu-lations, the holder may transfer and encumber the same:

But no person shall acquire any interest under anytransfer of a mining tenement held under a miner's right,unless such person is the holder of a miner's right.

21iningtenementsto be deemedChattels.No. /5 of1904. s. 273,renumberede. 294 inreprint of1926, nowrenumboredu. 273.

274. Every mining tenement, and every share and Devolution

interest therein, shall, on the death or bankruptcy of the gn=rs.holder thereof, devolve on his personal representative or 11;61,5n°1274,trustee in bankruptcy or liquidator, and shall be liable ,72urenumb ered

to seizure and sale under any execution issued from the Mir n'„",f,Supreme Court, or any warden's court, local court, or reil.prered

other court.

The sheriff or other officer appointed to sell the sameshall have full. power to give an effectual transfer thereof.


275. The Governor may, by notice in the GovernmentGazette, declare any reserve to be open for mining, andthereupon, and until such notice is revoked such reserveshall be deemed. Crown land within the meaning of thisAct.

276. The Minister and, pending a recommendation tothe Minister, a warden, may temporarily reserve anyCrown land from occupation, and the Minister may at anytime cancel such reservation: Provided that if such reser-vation is not confirmed by the Governor within twelvemonths, the land shall cease to be reserved.

The Minister may, with the approval of the Governor,authorise any person to temporarily occupy any suchreserve on such terms as he may think fit, but subject tothe provisions of section two hundred and seventy-seven.

98

Reserves maybe declaredopen formining.No. 15 of1904, b. 275,renumbereds. 296 inreprint of1926, nowrenumbereda. 275.

Temporaryreserves.No. 15 of1904. s. 276,renumbereds. 297 inreprint of1926,amended byNo. 56 of1037. s. 2,now re-numbereda. 276.

No. 56 of1937, s. 2.

Special pro.yit:ionsrelating togrants ofrights ofoccupancyunder a. 276.Inserted byNo. 56 of1937, s. :1, ass. 297A, noterenumbereds. 277.

277. (1) Any right of occupancy granted under thepreceding section shall not exceed three hundred acresin area and may be granted for a fixed period not exceed-ing one year.

(2) A right of occupancy not exceeding three hundredacres in area may be granted for a fixed period in excessof one year, but in that event the Minister shall cause theterms and conditions relating thereto to be laid on theTable of each House of Parliament within fourteen daysof the granting thereof!.

(3) Any such right of occupancy granted for any fixedperiod. may be renewed from time to time for any termnot exceeding twelve months on each occasion of renewal,but if any such renewal is granted then the provisionsof subsection (2) of this section shall apply, and the termsand conditions of renewal shall be tabled in each Houseof Parliament accordingly.

(4) The provisions of section thirty-six Of the inter-pretation Act, 1918, relating to the disallowance of regu-lations by either House shall apply to all intents and pur-poses as if the terms and conditions of the right of occu-pancy as tabled under this section were regulations tabledunder that section.


278. It shall not be lawful for the owner: lessee, or Yu person to

occupier of any mining tenement lying under any railway nine underrailwayreserve

reserve, or under land resumed for railway or tramway etexrej,"alinocnon.

purposes, to mine under such reserve or resumed land ditien*

without giving at least fourteen days' previous notice, in No. 15 of

writing, to the Minister. 1904, s. 277,

renumbereds. 298 in

The Minister may impose upon such owner, lessee, or reprint of1926, /30Wrenumbered

occupier such terms, if any, as the Minister thinks neces- x.278.278

sary for the public safety, and in that case such miningshall only be carried on in accordance therewith.

A condition for the observance of this section by thelessee of every existing and future mining lease shall bedeemed to he contained therein. The Governor may, ifhe thinks fit, at the request and cost of any such owner,lessee, or occupier, cause or require the deviation of anyrailway or tramway so far as May be. necessary for theworking of any lode or reef.

279. Subject to the approval and consent in writingof the Minister, any person may enter upon any millingtenement and break up the soil thereof, and

(1) erect poles and posts thereon, and carry over-head, across, or along the same electric lines,and from time to time repair, alter, or removesuch poles, posts, and lines; and

(2) make or construct any tramways thereon, andfrom time to time repair, alter, or remove thesame.

280. (1) The exercise of the powers conferred by thelast preceding section shall be subject to such conditionsand stipulations as the Minister may impose, and suchregulations as may from time to time he prescribed, andparticularly with regard to the following matters:—

(a) Securing the safety of the public from personalinjury or from fire or otherwise;

• (b) Authorising and regulating inspection and in-quiry from tio to time by the Minister.

(2) The contravention, non-performance, or non-. observance of any conditions or stipulations imposed by

the Minister as aforesaid shall be deemed an offenceagainst this Act, and be punishable by fine, not exceed-

- ing fifty pounds, or ten pounds for every day during

.1' ewer toconstructtramwaysand erectelectric lines.

o. 15 of1904, s. 278,renumbereds. 299, inreprint of1926, now/tit:Inhereda. 279.

PermissionLs be subjectt3 conditionsend general •

regulations.

1.. o. 15 of1904. s. 279,renumbereds. 300 inreprint of1926, nowrenumbereds. 280.

100 The illi•ittg Act , 1904-1937.

winch such contravention, non-performance or non-observance shall continue, and upon any conviction, theconsent of the Minister may be cancelled.

What con.stitutes uminingpartnership.

Partnershipproperty.

281. The warden may permit any person to make orconstruct any road, race, or drain, or to lay water pipesunder, over, across, or through any mining. tenement.

But before any such permission is granted, fourteenclays' notice shall be given by the person applying forpermission to any person lawfully in possession of suchmining tenement and by advertisement in a newspapercirculating in the district.

If any question of compensation shall arise, theamount (if any) shall he determined by the warden,whose decision shall be final, and who shall have powerto examine competent persons as to the amount of actualdamage, injury, or loss which may he incurred by theworks made or constructed under the permissiongranted.

Any permission granted under this section may bewithdrawn by the warden on proof to his satisfactionthat the privilege conferred is no longer ex ercised by thegrantee.

282. With respect to mining partnerships, the follow-ing provisions shall apply:--

0 ) Whenever two or more persons acquire anymining tenement., or engage in lawfully work-ing or using it, or jointly employ others todo so for them, a ruining partnership shall bedeemed to exist between such persons in re-spect of such mining tenement.

A mortgagee in possession Shall he deemedto be a partner.

(2) Every mining tenement owned by partners inmining, or worked or used by or for them,whether purchased with partnership fundsor not, shall be deemed to be partnership pro-perty.

baying pipes.etc., overlenses.No. 15 of1904, a. 280,renumbereds. :301 inreprint of192G; nowrenumbereds. 281.

N iningpartnerships.No. 15 of1904. s. 281,renumbereds. 302 inreprint of1929, nottvrenumbereds. 282.

The Mining Act, 1904-.7.937. 101

(3) A member of a mining partnership shall sharein the profits and losses thereof in the pro-portion which his share or interest in thepartnership mining tenement bears to thewhole of the shares or interests therein.

(4) Each member of a milling partnership shall bedeemed to have, as against, every other mem-ber, a lien on the partnership property for allpartnership debts paid by and for moneyadvanced by him for its use; and such lienmay, in the prescribed manner, be registered,enforced, and discharged:

Provided that such registered lien shall besubject to review by the N%-arden on the ap-plication of any person aggrieved, and forthat purpose the warden may by order, con.firm or cancel the registration or amend thelien in such respect as he deems equitable.

(5) A. partner's interest in the mining partnershipmay be sold or assigned without dissolving thepartnership, and without the consent of theother members, and from the date of such saleor assigmnent the purchaser or assignee shallbe deemed to be a member of the partnership:

Provided that he shall be deemed to takesuch interest subject to all such liens existingin favour of the partners as are registered,but not further.

Proportionatestares ofprofits andlosses.

Lion oftreinbar forpa rtnersh ipdebts paid byhim.

Purchaserbecomespartner fromdate ofpurchase.

(6) If any partner gives notice to the other partnersof his intention to determine the partnership,such notice shall not determine the partner-ship as between the other partners, if, withinthirty days thereafter, thy, by notice to theretiringpartner, elect to pirchase his interestin the partnership at a valuation to beassessed by the warden.

(7) The decision of the members owning a majority,of two-thirds at least, of the shares or interestin a. mining partnership shall bind all themembers of the partnership in the conduct oftheir business.

Purchase ofrstiringpartner'ssnare.

fleet si On ofmajorityLind fog as to

1.02

Grounds fordissolution.

Partners maysue to be putin Possessionof unrepre-sented share.

Wages luaumay he peton forunrepresentedshore.

The Alining Act, 1901-1937.

(8) It shall be a ground for dissolution of a miningpartnership if any member

(a) where it is his duty to pay or satisfyany assessment of the partnership liabilities,neglects or refuses so to do for thirty daysafter being served with notice so to do fromany other member ; or

(b) neglects, when notified in writing byany other partner so to do, to perform anylabour or discharge any liability which it ishis duty to perform or discharge, or to repre-sent his share or interest in any partnershipmining tenement.

In any case where any member of a mining part-nership, whose duty it is to occupy or repre-sent his interest or share in any partnershipmining tenement, fails or neglects so to do forthirty days at any one time, the other membersmay institute proceedings in the warden'scourt to be put in possession of such share orinterest as though such member had neverbeen a partner, and the court may decreeaccordingly, or make such other order as itdeems equitable.

(10) If at any time any interest or share in allypartnership mining tenement is unrepresentedfor forty-eight hours, and such non-represen-tation prevents the proper and profitableworking or use thereof, the following provi-sions shall apply :—

(a) Any member of such partnership, orany person in charge of such mining tenement,may employ any person or persons, at currentrate of wages, to represent and work suchshare or interest.

(h) Every person so employed shall have alien for his wages upon such share or interest.

(c) Any such member or person in chargeas aforesaid may, out of ally profits accruingto such share or interest, pay such wages.

(9)

103The Mining Act, 1904-1937.

(d) In case there are no such profits, or theprofits are insufficient to pay such wages, suchmember or person in charge may himself paythe same, and, to the extent of the moneys sopaid, shall have a lien on such share or in-terest.

(e) where practicable the member or personin charge who employs any person as afore-said shall, within seven days thereafter, givenotice in writing thereof to the absent memberor his agent;

(f) any such lien for wages may be regis-tered, enforced, and discharged under andsubject to the provisions hereinbefore pro-vided in the case of members of a miningpartnership.

(11) Whenever in any suit for the dissolution of a P .Ir rship

mining Partnership the warden's court might stits.

order a sale of the partnership property butdoes not deem it expedient so to do, the follow-ing provisions shall apply, with the view ofavoiding the necessity of such sale :-

(1) The court may cause the accounts of thepartnership to be taken, and the share andinterest of each partner to be valued; and mayauthorise any one partner to buy out any otherat the price ascertained by such valuation.

(2) If the buying and selling partners can-not be determined by agreement betweenthemselves, the court may, as between suchof the partners as are willing to buy, de-termine by lot who shall buy, and from whom.

(3) Th.e court may direct all proper per-sons to execute such instruments and do suchthings as it deems necessary for the purposeof fully effectuating every Such sale and pur-chase:

Provided that this section. shall not apply to any in-corporated company or association registered under anystatute.

E x e mp ti onof registeredonmpanios.

104 The Mining Act , .1904-19.97.

Linn for 283. The amount for the time being due to all man-No. 15 of agers, clerks, miners, artisans, and labourers employed1904, s. 282,renumbered in or about any mining tenement, by or on behalf of then 303 inreprint of owner•thereof, in respect to their wages or other earn-1925, nowrenumbered ings in relation thereto, not exceeding four weeks' wages

2d3.or earnings to each such person, shall be a first chargeupon the mining tenement in priority to any mortgagecharge or other encumbrance:

And in the winding-up of a company, the amount clueat the date of the winding-up order to such persons inrespect of such wages or earnings, not exceeding fourweeks' wages or earnings to each such person, shall liepaid in priority to all other debts, secured or unsecured,of the company.

But until the expiration of one year from the com-mencement of this Act, such lien shall not prevail againstany mortgage charge or other encumbrance entered intoor incurred and registered before the commencement ofthis Act.

Such first charge shall include all costs awardedagainst any person or company in any proceedings be-fore a court to recover such wages or earnings, and anycosts, charges, or expenses properly incurred in enforc-ing such order.

The debts so charged upon a mining tenement and thedebts so payable in priority to all other debts . of a com-pany shall rank equally amongst themselves, and ifnecessary shall abate in equal proportions between them-selves.

Caveats Ina ybe lodged.No. 15 of1004, s. 283,rent, inhereds. 304 inreprint of1926, nowrenumbereds. 284.

284. Any person claiming any interest in a lease orother registered mining tenement may, on payment ofthe prescribed fee, lodge a caveat. M the prescribed form,forbidding the registration of any transfer or other in-strument affecting such interest, but subject to the regu-lations and the following conditions:

(l.) If the caveat relates to a claim or authorisedholding, it shall be lodged at the office of thewarden of the goldfield or mineral field inwhich such claim or authorised holding issituated ; and if the caveat relates to a leaseor application for a lease, it may be lodgedat the office of the warden of the goldfield or


mineral field in which the land leased or ap-plied for is situated, or with the mining regis-trar at the Department of Mines in Perth.

(2) Every caveat shall state the name and addressof the person by whom or on whose behalf thesame is lodged, and shall be signed by thecaveator or his agent.

(3) No caveat shall be received lThr the warden un-less an address within the goldfield or min-eral field in which the m_ning tenement issituated is appointed at which notices andproceedings relating thereto may be served ;and no caveat shall be received at the Depart-ment of Mines unless an address within thecity of Perth is appointed at which notices andproceedings relating thereto mazy be served.

(4) Every notice relating to a caveat, and any pro-ceedings in respect thereof, if left at or sentby post to the address appointed as aforesaid,shall be deemed to be duly served.

(5) Upon the receipt of a caveat the warden or min-ing registrar shall send a notification to thelessee, applicant, shareholder, . or mineragainst whose mining tenement or interesttherein such caveat has been lodged, by regis-tered letter sent by post to the last known ad-dress of such lessee, applicant, or shareholder.

(6) The lessee, applicant, shareholder, or miner maysummon the caveator to attend before a judgeof the Supreme Court in Chambers or thewarden of the goldfield or mineral field inwhich the mining tenernant is situated, toshow cause why such caveat should not be re-moved, and the judge or warden may, uponproof that the caveator has been summoned,and after hearing the evidence in support ofthe application, make such order as to thejudge or warden may seem fit.

(7) Every caveat shall he deemed to have lapsedupon the expiration of fourteen days afternotice given to the caveator that applicationhas been made for the registration of a trans-fer of or other dealing. with the mining tene-ment, the subject of such caveat. The said

106 The Mining Act, .1904-1937.

(8)

(9)

notice shall be deemed to be duly given ifsent by post to the caveator in a letter ad-dressed to the caveator at the address statedin the caveat, and the notice shall be pre-sumed to have been received by the caveatorat the time when, by the ordinary course ofpost, the letter would have been delivered.

A caveat shall not he renewed by or on behalfof the same person in respect. of the sameestate or interest, except by the leave of ajudge or warden.

If, before the expiration of a caveat, thecaveator or his agent appears before a judgein chambers or the warden of the goldfieldor mineral field in which the mining tene-ment is situated and gives such undertakingor security, or lodges such sun court asthe judge or warden may consider sufficientto indemnify every person against any dam-age that may be sustained by reason of anydisposition of the property being delayed,the judge or warden may direct the registrarto delay registering any dealing with themining tenement for a further period. to bespecified in such order, or may make suchother order as may be just.

285. When a contract for the sale of a lease or othermining tenement or of the interest of an applicant forany land applied for as a lease shall have been made,the parties to the contract may, on payment of the pre-scribed fee, register a caveat in the prescribed form, to-gether with a copy of the agreement embodying the con-tract for sale, and such caveat shall remain in force lotthe full term specified in such agreement so long as suchagreement shall continue in operation, unless soonerremoved with the consent of all parties thereto.

286. So long as any caveat shall remain in force, nochange in the proprietorship of the estate or interest inrespect to which such caveat may be lodged shall beregistered, and no transfer or other instrument purport-ing to transfer or otherwise deal with or effect the sameshall be lodged.

Caveat byconsent.No. 15 of1904, s. 284,renumbereds. 305 inreprint of1926, nowrenuinbered

235.

Effect ofcaveats. 'No. 15 of1904. s. 285,renumberedF. 306 in.reprint of1926, nowrenumbereds. 236.


287. No contract relating to any mining lease or ap-plication therefor, or any share or interest therein re-spectively, shall be enforceable by any action or otherlegal proceeding unless sonic note or memorandum inwriting of the contract is made and s.gued by the partyto be charged, or Ins agent authorised in writing in thatbehalf.

288. The demand or acceptance of rent in respect ofany mining tenement on behalf of His Majesty shall notbe deemed a waiver of the right of His Majesty or theMinister to enforce the observance of any covenant, con-dition, or regulation, under winch such mining tenementis held, or the forefeiture of such mining tenement forbreach of any such covenant, condition, or regulationcommitted before the receipt of such rent.

289. Any banker, gold-dealer, or cther person where-soever, exporting any gold, gold ore, gold dust, or goldbullion, if such gold, gold ore, or gold dust, or gold con-tained in such bullion shall have ban found in or pro-cured from. the soil of the State, shall declare the weightand value of the same at the time of export at the Cus-toms or before the Under Secretary for Mines in Perth,or the resident magistrate at the port of export.

Any person failing to comply with this section shallbe liable, on summary conviction, to a penalty not ex-ceeding one hundred pounds, and to forfeiture of theundeclared gold, gold ore, gold dust,. or gold bullion, orthe value thereof:

Provided that no person shall be required to make adeclaration under this section in respect of any coin ofthe realm or article manufactured of gold, or in respectof any alluvial or specimen gold of a less value than tenpounds.

107

contractsrelatingto leases tobe in writing.N,. 15 of1904, s. 286.renumbereds. 307 inreprint of192G, nowrenumbereds. 287.

Acceptonce01 rent notto be deemedwaiver ofbreach ofCovenant.No. 15 of1)04, s. 287,renumbereds. 308 inreprint of1028, nowrenumberede 288.

Declarationns to gold formoor Lotion.No. 15 of1904, A. 288,renumbereds 309 inreprint of1926, nowrenumbereds. 289.

290. Any person, not being the holder of a mine-L.'sright, found to be

(a) engaged in mining on any Crown land; or

(b) in the unauthorised occupation of Crown landwithin a goldfield or mineral field,

Penalty fornuttuthoMsedmining.No. 15 of1909, c 289,renumbered3 310in reprint of1928, nowrenumbereds. 290.

108 The Min* Act, 1904-1937.

shall be liable for every such offence to a penalty notexceeding twenty pounds, and may be forcibly ejectedby a police officer or constable, or by any person autho-rised by the warden:

Provided that nothing in this section shall apply toany person working in or upon any mine for wages only.

A5iatic orAfrican alienprohibited.No. 15 of1904, s. 200,renumbered

311 inreprint of1926. nowrenumberedh. 291.

A borigii111/labour.No.15 of1904. s. 291,renu inhereds. 312 inreprint or1926. nowrenumbered..'292.

Proceedingand penaltyfor miningor removingmineralswithoutauthorityfrom miningtenements.No. 15 of1904. s. 292.renumbereda. 313reprint of1926. nowrenumbereds. 293.

291. Any Asiatic or African alien found mining onany Crown land may, by order of the warden, be removedfront any goldfield or mineral field, and whether suchperson has or has not been convicted of an offence againstthe last preceding section-, and no Asiatic or African alienshall be employed as a miner or in any capacity what-ever in or about any mine, claim, or authorised holding'.

292. The labour of any aboriginal native of Australiashall not be accounted bona fide work in fulfilment of thelabour conditions upon any mining tenement, except withthe permission in writing of the warden.

293. Any person found mining upon or removing goldor mineral ores from the mining tenement of any otherperson without the permission of such other person, maybe forcibly ejected by a police officer or constable, or byany person authorised by the warden, and on summaryconviction thereof shall be liable to a penalty not exceed-ing fifty pounds.

Romoving 294. Any person who takes or removes gold, minerals,minernim, eta..from claims, or mineral ore from the i»ining tenement of any otherlareeny.No.15 of person, shall be deemed to have stolen the same, unless110t0o41;n7;e2rc93, lie proves that he had the permission of such other per-s.314 inTeorint of son to do so;• and any person receiving the same with1920. nowrenumbered knowled g e of such facts shall be deemed to have receivedn ,

294. the same knowing them to have been stolen.

-statingmines.No 15 of1904. R. 294,renumbereda. 215inreprint of1926, nowrenumbereds. 2.95.

295. Any person who shall place. or deposit., or beaccessory to the placing or depositing of any moth], ore,or mineral in any spot or place for the purpose of mis-leading any person as to the payable nature of such spotor place, or who shall mingle or cause to be mingled withany sample of gold, silver, or other metal-bearing ore,


any valuable metal or substance whatsoever that will in-;crease the value or in any way .change the nature of thesaid ore, with au intention to deceive. cheat, or defraudany person, shall be guilty of a misdemeanour, and liabl e,on conviction, to imprisonment with or without hardlabour for a period not exceeding three years.

296. If any person, being the owner of a mining tene-ment or otherwise interested therein, is privy to any ap-plication for forfeiture thereof, made for the purpose ofdefeating or avoiding the labour conditions thereof, heshall be liable, on summary conviction, to a penalty notexceeding one hundred pounds.

Penalty forCollusiven2itheationfor for-feiture.No. 15 of1 )04. s. 295,renumbereds. 316 inreprint of1 )2i1 nowrenumberedS. 29E.

297. Any person who

(1) assaults, obstructs, or resists any warden, or any mis elin d

person duly authorised by any warden, or any2°,)bailiff or other officer, or any clerk or assist-ant of such bailiff or officer, or other person n?u4tnte2rel

in(1

lawfully entering upon an y land or mining ;-.?;r7:71iT,trotinr7e,;tenement, or in the performance of any act or " ;s. 297.

duty, or in the exercise of any powers underthis Act or the regulations; or

(2) after being removed under the provisions of thisAct from any land, or mining tenement forc-ibly or clandestinely takes or retains, or en-deavours to retake or retain possession there-of, or of any portion thereof, or of any sharetherein; or

(3) after any decision of a warden that any com-plainant is entitled to use fn mining purposesor to divert any water, resists such complaimant or his agents in such use or diversion; or

(4) upon or in consequence of the decision of anywarden's court assaults, or threatens toassault, any person in whcse favour such de-cision shall have been made,

shall be liable, on summary conviction, to a penalty not,exceeding fifty pounds, and, in default of payment, :oimprisonment not exceeding six months.

11.0 The ilfivirg Act, 1904-1937.

No. 15 of1904. s. 300,amended byNo. 50 a1920. s. 2,renturnI■ereds. 821 inreprint of1926. nowrem um boreds. :301.

298. The owner or manager of every mining tenementin respect of which royalties are payable shall, during thefirst week of every month, forward. to the Under Secre-tary for Mines a return showing the amount of gold orminerals obtained from such mine during the last preced-ing month, and the value thereof, together with theamount due as royalty thereon.

299. Any officer appointed for that purpose by theMinister shall at any time have access to the books andaccounts of any such mining tenement, and may examinethe same for the purpose of ascertaining the amount ofroyalty payable in respect of the gold or minerals raisedfrom such mining tenement.

300. If the amount of royalty due upon any gold orminerals obtained from any such mine is not paid within.thirty days after such amount has been ascertained, anyofficer appointed for that purpose by the Minister may

seize and take possession, on behalf of JJis Majesty, ofany gold or minerals obtained from such mine, and thelease or registration of such 1311)(: may he cancelled bythe Governor.

301. Any owner or manager who neglects or refusesto furnish returns to the Under Secretary for Mines ashereinbefore required, or who wilfully makes a false re-turn, and any person who impedes or obstructs any officerappointed by the Minister to perform any duty under.the last preceding section shall be liable to a penalty notexceeding one hundred pounds.

Retur ns to befurnished.No. 15 of1904:s. 297,amended by.No. 50 of1920. R. 2.rennin hereds. 318 inreprint. of1920. nowrenumbereds. 298.

Officers /nay1:X1110111e1/1101:S, etc.No. 15 of1904, s. 298,ITnumbereds. 1119 inreprint, of1926, nowrenumbereds. 299.

P:I!.1/10111. ofroyalty, howenforced.No. IS of1904, s. 299,renumbereds. 320 Inreprint of1920. nowrenumberedN. 300.

Statisticalreturns.No. IS of1904. N. 801,1:1111olbereds. 322 inreprint of1926, nowrenumbereds. 302.

302. The owner or manager of any coming tenement,or of any works, battery, or other apparatus for the ex-traction of gold or other minerals from earth or ore, shallfurnish the Department of Mines with such returns asto -the gold or minerals obtained from such mining tene-ment, or treated at such works, or by such battery orother apparatus, and with any plans, sections, statistics,and particulars, in such form and at such times as maybe prescribed.


303. Any person neglecting or refusing to comply witiany of the provisions of the last preceding section or wit-,any regulation relating to statistical returns, shall, forevery offence, be. liable to a penalty not exceeding fiftypounds.

Penalty forneglect to

Isitmaktiesticalreturns.No. 15 of1904, s. 302,renumbereds . 323 inreprint of1926, nowrenumbereds. 803.

304. (1) Except where otherwise provided, anynotice, order, process, or other document, under the pro-visions of this Act or any regulation, required or author-ised to be given or served to or upon any person, may base rved— •

(a) by delivering the same to such person; or(b) by leaving the same at his usual or last known

place of abode or business or(c) by forwarding the same by po3t in a prepaid let-

ter addressed to such person at his usual orlast known place of abode or business.

(2) Any such document, if addressed to the owner oroccupier of any mining tenement or land, may be servedby delivering the same, or a trite copy thereof, to somaperson, apparently over the age of sixteen years, on thapremises, or, if there is no' person on the premises whocan be so served, by fixing the same on some conspicuouspar; of the premises.

(3) Where a notice is required to be given to a personwhose name and address is unknown, the notice may, byleave of the warden or Under Secretary for Mines, beserved by publishing it in the Goverment Gazette anda newspaper three times, at intervals of not less thanone week between any two publications.

(4) Any notice by this Act required to be given to theowner or occupier of any mining tenement or land may,if the name of the owner or occupier is not known, beaddressed to him by the description d the "owner" or"occupier" of the premises (naming them) in respectof which the notice is given, without further name ordescription.

(5) Any document forwarded by post shall he deemedto -nave been given at the last moment of the day onwhich the same ought to be delivered at its destinationin the ordinary course of post, and in proving service itshall be sufficient to prove that the document was pit•periy stamped and aC tressed and put into the post.

Service ofnotice.No. 15 of1904. s. 303,amended byNo. 50 of1920, a. 2,renumbereds. 324 inreprint of1920, nowrenumbereds. 304.


.305. Any person who shall infringe any of the pro-visions of this Act or the regulations, for the infringe-ment whereof no other penalty is prescribed, shall, onsummary conviction thereof, be liable to a penalty notexceeding fifty pounds, and in default of payment toimprisonment, with or without hard labour, for anyperiod not exceeding six months.

306. All fees, charges, and sums of money which shallor may be imposed or made payable, and all penaltiesincurred under this Act or the regulations, for whichno other mode of recovery is prescribed, may be re-covered, carried out, or enforced by any warden in themariner in which justices of the peace are now by lawauthorised to enforce our conviction or order of a courtof petty sessions.

307. (1) Whenever the Government Geologist or anyofficer acting under the instructions of the GovernmentGeologist deems it necessary to enter upon any land forthe purpose of making geological investigations or geo-logical surveys thereon in the course of his official duties,and to take and remove from the land specimens orsamples which in his opinion are essential to such in-vestigations or surveys, it shall be lawful for the Gov-ernment Geologist or the officer aforesaid to enter uponsuch land and to make such investigations and surveysand to take and remove from the land such specimensor samples aforesaid.

(2) This section shall apply to all and, whether ownedor held by private persons or otherwise, and irrespectiveof the nature of the tenure thereof.

(3) Any person who interferes with or obstructs theGovernment Geologist or an officer acting under theinstructions of the Government Geologist in the exerciseof any of the powers or authorities conferred by this sec-tion shall be guilty of an offence against this Act.

Penalty: Twenty pounds.

112

Penalty forbreach ofregulationnot otherwiseprovided for.No. 15 of1904, s. 304,renumbered.s. 325 inreprint of1926, nowrena alb ere ctS. 305.

Foes,penal ties,etc.. how it:-covet-Ableand applied.No. :15 of3904, s. n05,renumbereds. 326 inreprint of1026. nowrenumbereds. 306.

GovernmentGeologist andhis officersmay enterland to makeinvestiga-tions andsurveys.Inserted byNo. 29 of1937 ass. 226A,nowrent' inhereds. 807.

Power tomake regu-lations.No. 15 of1904, s. 300,renumbered8, 327 inreprint of1026, nowrenumbereds. 308.

PART XII.—REGULATIONS.

308. The Governor may from time to time make, alter,and repeal regulations, not being contrary to the pro-visions of this Act, for all or any of the matters follow-ing (that is to say) :—

The Minimy Act, 1904-1937. 113

(1) For determining the dimensions, boundaries,form, position, and extent cf any lease, claim,or other mining tenement or class of miningtenements, and the subsequent adjustment ofthe same where necessary, and the time whensuch determination shall be deemed to takaeffect, and the number and extent and classesof mining tenements which any one person orany two or more persons may take possessionof.

(2) For determining the manner in which persons ME.rking out.

desirous of taking possession of or acquiringleases, claims, and other mining tenements onall lands coining within the operation of thisAct shall mark out the same, and the require-ments to be complied with by such persons.

(3) For defining the method or manner in and the Ex ,mmtiona.

conditions on which applications to occupyland exempted from occupation for miningpurposes may be so occupied.

(4) For regulating the granting of reward areas. Revard areas.

and the conditions on which such areas maybe granted.

(5) For regulating the time or times within which, OA actions.

and the method by which any objection maybe lodged, and the manner dealing with thesame.

Dimenbioos,etc., oftenements.

(6) For providing for the registration and the modeof obtaining and effecting the registration ofmining tenements and any share or interesttherein, and of the transfe; assignment, orsub-lease thereof, and of any share or inter-est therein, and of any lien or encumbrancethereon, and of the discharge of any such lien.or encumbrance thereon, and for providingfor the registration, and the mode of effectingand obtaining the registration, of any suchmining tenement, share, interest, lien, en-cumbrance, transfer, assignment, or sub-leasein the case of death, bankruptcy, or insanity,or of sale under the decree, judgment., or orderof any court.

Registrations.


Labour con•ditions andexemptions.

Forfeiture,penalty,exemption.

Water-races,etc.

Water supply.

(7) For prescribing the labour and other conditionsnot hereinbefore provided for, subject towhich any mining tenement or class of min-big tenements shall he held, and the conditionon which exemption from the performancethereof may be applied for, granted, and ob-tained, and generally for prescribing the man-ner in which and with what incidents, rights,and obligations any mining tenements or classof mining tenements shall be taken possessionof, held, occupied, used, worked, or enjoyed.

(8) For determining the events on which the title.to any mining tenement or any share thereinshall become forfeited, and for imposing anypenalty on the happening of any one or moreof such events iu lieu of any such forfeiture,and for determining what shall constituteexemptions from or suspensions of such for-feiture, and what persons shall be entitledto enforce such forfeiture or penalty, andwhether there shall be any order of priorityof right in any persons to enforce any suchforfeiture or penalty, and if so, what shall hesuch order unless where ben:babe:fore pro-vided for.

(9) For limiting the fine within which and pre-scribing the mode in which proceedings forany such forfeiture or penalty must be taken.

(10) For determining whether and under what cir-cumstances any person who shall have ob-tained an adjudication of any such forfeitureshall, as a condition precedent to his obtain-ing possession of the forfeited tenement, payto the person as against whom the same shallbe adjudged forfeited any sum as compensa-tion for any property upon such mining tene-ment.

(11) For regulating the cutting, constructing, use,and maintenance of races, dams, arid reser-voirs.

(12) For determining whether and under what cir-cumstances and subject to what conditionsthe holders of miners' rights entitled to theuse of' any water shall have amongst them-

Proceedingsfor for.(there. etc.

Compensationon forfeiture.


selves any priority of supply of such water,and if so, bow, or accordilg to what systemsuch supply is to be regulated, and when theevents upon the order of priority of whichauy such priority is to depend shall be deemedto have occurred.

(13) For determining what shall constitute relin-quished, abandoned or deserted, as dis-tinguished from forfeited mining tenementsor shares therein, and by what person law-fully competent thereto, and in what modeand under what circumstances it shall be as-certained whether any particular miningtenement or share therein is relinquished,abandoned, or deserted within the meaningso determined, and whether and under whatcircumstances any person shall be permittedto relinquish without being liable to any con-sequences as for the forfehure , of any miningtenement..

(14) For determining the mode in which any miningtenement or any share the:ein which may betransferred, assigned, sublet, or encumbered,may be so transferred, assigned, sublet, or en-cumbered, and in which any lien or encum-brance may be assigned or discharged andfor determining the rights and obligations ofany assignee, lienee, or encumbrances of orupon any mining tenenie •; or share therein,and the order of priority of any two or moresuch Helices or encumbrancees.

(15) For regulating the mode in which the rights,privileges, and interests of the owners ofmining tenements may be exercised or en-joyed, and for limiting, qualifying, or re-stricting the exercise and enjoyment of suchrights, privileges, and interests, and gener-ally for the protection of such owners in theexercise and enjoyment of such rights, pri-vileges, and interests;

(16) For preventing the accumulation of, and for theremoval to some convenient place of sludge,tailings, and other waste and refuse matteroozing or flowing from or-connected with any

Abandon-ment, etc.

Transfer,encumbrance,subletting.

Exerciseof rights.

Sludge,tailings, etc.

116

Injury toworks, etc.

thnbank•uterus, dams,etc.

Bridges, etc.

P ri vote Ways.etc.

Nuisances.

Bailing.


mining tenement, and of waste water; and forthe making of such channels as shall be neces-sary for any of the purposes aforesaid, and forotherwise regulating and preventing the al-lowance of such oozing, flowing and runningto waste, with or without any condition forpayment of money or otherwise.

(17) For the protection from injury, destruction, andunlawful removal of any machinery, and ofraces, drains, clams, and reservoirs and ofthe water therein, and of pegs, posts, fences,and notices, and of any plant or appliancesused for or in connection with mining and forthe protection from obstruction or such racesand dams, and of channels, drains, creeks, andrivers used for mining purposes.

(18) For regulating the mode of construction andmaterials and strength of embankments ofdams and reservoirs used or constructed formining purposes.

(19) For the construction and keeping in repair ofsuitable bridges or other crossings over races,channels, or drains used for mining purposesand cut across roads or thoroughfares or oversuch races, channels, or drains over whichroads or thoroughfares shall be carried, andfor making proper approaches to such bridgesor crossings, and for determining the widthof such bridges, crossings, and approaches.

(20) For making and keeping in repair and for regu-lating the width and formation of privateways and passages used for mining purposesover any land, claims, or areas used in con-nection with mining or business, and for regu-lating and imposing conditions on the right tochange the direction of any such way or pas-sage, and for the protection of the same frominjury or obstruction.

(21) For the prevention of nuisances in or about anymining tenement, and for cleansing and keep-ing clean the same.

(22) For securing the hailing of water from mines soas to prevent injury from such water to anymining workings.


(23) For preventing the defiling or wasting of waterused for domestic purposes, and for determin-ing whether any and what waterhole, spring,or other depository of Ovate_ shall be reservedfor domestic use, and the mode of suchreservation.

(24) For determining the cases in • which landexempted . from occupation for mining pur-poses shall cease to be so exempted.

(25) For prescribing the manner in which compensa-tion shall be ascertained and paid under theprovisions of this Act and the regulations.

(26) For determining the distance and enforcing thesame at which shafts and other mining work-ings are to be kept from public and privateroads, ways, and passages, and from privateland, dwellings, and other buildings.

(27) For enabling persons to enter on land for thepurpose of erecting electric telegraph or tele-phone posts or wires.

(28) For regulating the travelling of stock on gold-fields or in mineral districts, and limiting theperiod during which any travelling or otherstock may camp and remain at any conservedor natural water.

(29) For defining the manner of doing or perform-ing anything by this Act required to be doneor performed.

(30) For prescribing the manner In which register.;shall be kept.

(31) For prescribing the survey of any laud or mill-ing tenement, and the manner in which thesame are to be surveyed.

(32) For defining the powers and duties of wardens,mining registrars, surveyors, inspectors, andengineers and clerks, officers, bailiffs, and as-sistants appointed or deemed to have beenappointed under the provisions of this Act inall cases where such powers and duties havenot been defined by this Act.

(33) For prescribing the mode of making and in-vestigating and determining upon applica-tions for and objections to the granting of

Water for.domestic.purposes.

Exemptionfromoccupation.

Ar.ertain-Int nt ofcompensation.

Workingsnear roads,etc.

Telegraphs.

Travellingstcck.

Mode ofstolen.

Registers.

Survey.

Duties ofofficers.

Applicationsfot leases,etc.


mining tenements, and the amount of deposit(if any) to be paid by applicants and objec-tors, respectively, in connection with such de-termination..

(34) For prescribing the manner of dealing withcases when two or more applications are madein respect of the same land.

(35) For prescribing the forms of leases, licenses,certificates, applications, objections, notices,and other documents granted, issued, or usedunder or for the purposes of this Act.

(36) For prescribing the covenants, conditions,reservations, and exemptions to be inserted inleases granted under this Act, and the man-lier in which such leases shall be registered.

(37) For determining the time and mode of ascer-taining, the amount of any royalty, and thetime for payment thereof.

(38) For prescribing returns to be furnished by own-ers and managers of mines and works forthe treatment of gold or other minerals.

Liens. (39) For enabling persons claiming to be entitled toany lien, mortgage, or encumbrance, to regis-ter same.

(40) For regulating the practice and procedure inwardens' courts; the sittings of such courts;the duties of the officers; the fees and costsof the proceedings therein and of appealstherefrom and the allowances to witnesses.

(41) For defining the manner or method in or bywhich any document or notice required to beposted, served on, or given to any person shallbe posted, served, or given, and to limit thetime or times for so doing.

(42) For prescribing the manner in which applica-tions for licenses to deal in gold shall be made.

(43) For prescribing the nature of the particularswhich shall • be recorded by licensed gold

.. buyers, and to.be made known to • the partiesappiiintect.to receive same.

Priority ofapplications.

Po rms.

Covenants,etc.

Royalty.

Returns.

Practice.

Servicenotices.

old-denlers'licenses.

Records.


(44) For prescribing the fees (if any) which shall be Fees'

payable for the several matters hereinafte:mentioned :—

(a) The inspection of any register keptunder the provisions of this Act.

(b) Applications, surveys, travelling ex-penses, and processes, and exemptions fromperformance of labour coalitions, or condi-tions of use or occupation, cr otherwise.

(c) The registration of any amalgamation,union, or subdivision of leases or mining tene-ments, or of any mortgage, lien, or encum-brance, or any transfer or discharge thereof,or of any underlease, assignment, or transferor of any rules or agreements.

(d) The filing of any declaration of the lossof any document.

(e) The registration of transmission bydeath, or under the laws relating to bank-ruptcy or insanity.

(1) The registration of any other matter orthing required by the Act or regulations to beregistered.

(45) For prescribing rules for the management of Regulations

goldfields and mineral fields, and for the regu- ge-terally.

lation of mining generally, and for all othermatters and things that may be necessary tigive effect to this Act.

309. Such regulations, unless the contrary is ex- Regulatione

pressed, shall apply throughout the State, but may be iaskeedpiunb

limited to any part thereof, and shall he published in the GNazeitt5eo. f

Government Gazette, and after publication therein shall 1r friineb e3rd

have the force of law, and shall be judicially noticed in ?5,2u08p„„,

every court of justice. 1926, nowrenumbereds. 309.

310. Such regulations may impose, for any breach Regulationsmay imposethereof, or for any disobedience of a lawful order of a penalties.

1904No. 1 ofwarden or other authorised officer, a fine not exceeding ,5 a. 308,

fifty pounds, and, in default of payment, imprisonment renumberede. 329 in

with or without hard labour for any period not exceeding iguntol

six months. renumberede..310.

Date of Act.

17 Vict., No. 17

55 Viet., No. 357 Vict., No. 30

59 Vict., No. 4060 Vict., No. 3662 Via., No. 1662 Vict., No. 20

63 Vict., No. 31

63 Viet., Nu. 48

64 Viet., No. 23

Short Title.

An Ordinance to provide for the preserva-Mon of order in cases of any discoveryof gold in 'Western Australia

The Mineral Lands Act, 1892The Mineral Lands Act, 1892, Amend-

ment Act, 1893The Goldfields Act, 1895The Goldfields Act Amendment Act, 1896The Goldfields Act Amendment Act, 1898The Mining on Private Property Act, 1898

The Mining on Private Property ActAmendment Act, 1899

The Mineral Lands Act Amendment Act,1899

The Goldfields Act Amendment Act, 1900

Extent of Repeal.

The. whole.

The whole.The whole.

The whole.The whole.The whole.The whole, except

sections 56 to 62inclusive, and theSchedule.

Tho whole.

The whole.

The whole.

PO The Mining Act , 1904-1987.

311. Copies of all regulations made under this Actshall be laid before both Houses of Parliament withinfourteen days of the making thereof if Parliament shallbe then in session, and if not, then within fourteen daysafter the commencement of the next session thereof.

312. The regulations and forms made under any ofthe repealed Acts and in force and use at the commence-ment

• of this Act shall, except when they are inconsistent

with the provisions of this Act, continue to be in forceunder this Act unless and until rescinded by the Governor.

The First Schedule.

Copies to helaid beforeParliament.No. 15 of1904, s. 300,renumbereds. 330 inreprint of1926, nowrennin b ere.ds. All.

Regulationsunder'open led ActsIS remainin force.No. 15 of1909, a. 310,renumbered8.331 inreprint of1926. nowrenumberede. 312.

Section 4.

The Second Schedule.Section 141.

Acreage.East Location 36 • • • 6,375

Do. 41 .• • 3,995Do. 48 • • • 27,349Do. 51 • . • 6,360Do. 53 • • • 34,468Do. 55 • • • 1,989Do. 57 1,000Do. 59 50,830Do. 32 21,077Do. 35 2,500Do. 39 1,920Do. 40 7,680Do. 42 13,452Do. 44 6,120Do. 45 18,808Do. 50 8,000Do.Do.

3761

3,0001,000

Do. 62 1,068

By Authority : ROBERT H. MILLER, Government Printer, Perth.

THE MINING ACT, 1904 - Western Australian Legislation

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