The duration of such mining claim shall be ten years from the date of commencement of the Mining Law Amendment Act 1979 and the provisions of that Act shall apply to it. A person who wishes to submit an application for registration of a mining claim must mark the proposed boundary of the land that is the subject of the application in the prescribed manner. Provided, however, that the application shall retain the priority it enjoyed immediately before the date of commencement of the Mining and Other Laws Amendment Act 1982.
3} Subject to the rights of the Crown therein, all minerals found on or in land subject to a mining claim are the property of the holder of that mining claim. (2) (a) The holder of a mining claim may, on payment of the prescribed fee, apply in writing to the Director for exemption from work thereon for a period not exceeding six months.
1 D) The Minister may grant the applicant the authority to search all or part of the land that is the subject of the application. For the purposes of this subsection, a person is deemed to have complied with the provisions of this Act if, in the opinion of the Governor in Council, he has substantially complied with those provisions. 6) (a) Within 14 days after the date of issue of the certificate of application or, if the manager is satisfied that a longer period is necessary in this regard, such longer period (not exceeding 28 days). determined by the warden, the applicant causes an authentic copy of the certificate of application-.
21 39 (ii) is given to the owner of the Crown land to which the application relates and to the local authority referred to in section 21A:. A recommendation by the Minister under clause (a) hereof only in respect of part of the land which is the subject of an application shall be deemed to be a refusal by him under clause (b) hereof of the application in respect of the land in question in respect of which the Minister has not recommended. If the Minister rejects an application, he must inform the applicant of the reason for such rejection.
34;application hearing date" means the date fixed under subsection (5)(b) on which the application and objections thereto (if any) shall be heard in the Wardens Court;. The provisions of subsection (1)(b) shall apply to all mining leases existing at the commencement of the Mining Law Amendment Act 1979. The provisions of this section shall not apply to the grant of a mining lease of land referred to in subsection (b) after an application is made before the date of commencement of this Act.
If the Governor is convinced to do so, the Minister will inform the applicant of the purpose for which the land in question is needed. 26 47 (b) the tenant has complied with all provisions of this Act applicable to him in relation to the mining plot in question; And. In a case as referred to in section b of this section, the Minister will inform the applicant for what purpose the land in question is needed.
A mining lease that has been properly terminated by the Minister in accordance with the terms of the lease is hereby terminated. Any such change must be notified in writing to the owner of the mining tenement affected. After receiving the warning, the manager-. a) informs the owner or owners of the mining apartment affected by the warning;.
The entry of the judgment in the file of the competent court is considered to be a record of the judgment.
PART I-PRELIMINARY
An Act to amend the Private Land Mining Act 1909 (as amended by subsequent Acts), and to amend the Act relating to miners' houses in certain particulars, and for purposes incidental or consequential thereto. BE IT ENACTED by His Most Excellent Majesty the King, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by authority of the same, as follows:-.
PART III-AMENDMENTS IN THE LAW RELATING TO MINERS' HoMESTEADs;
PART IV-GENERAL PROVISIONS
PART III-AMENDMENTS IN THE LAW RELATING TO MINERS' HOMESTEADS
The Governor in Council may from time to time make regulations providing for all or any purposes which may be appropriate to the administration of this Act or which may be necessary or expedient to carry out the objects and purposes of this Act and, when may be in this Act or in the principal Acts (as defined in Parts II and III) or in the "Mining Act 1898" as amended, no provision or no sufficient provision in relation to any matter or thing which is necessary or appropriate. to give effect to this law, providing for and providing for such omission or insufficiency. All such regulations made or purporting to be made under this Act shall be published in the Gazette and shall thereafter have the same effect as if contained in this Act and shall have judicial notice and shall not be questioned in any procedure. Such regulations shall be submitted to the Assembly within fourteen days of such publication, if the Assembly is in session, and if not, then within fourteen days of the commencement of the next session.
MINING REGULATIONS 1979
E. CAMM
- Objection or representation with respect to granting of licence
In any other case a post shall be of such dimensions as in the opinion of the Warden are satisfactory. Abandonment of a share or interest in a registered mining claim by one of its owners. Such applicant must at least seven (7) days before the date set by the Warden for consideration of the application. a) give a copy of such application to the holder or other holders of such mining claim, and.
2) (a) When a share or interest in a claim of mmmg is seized in accordance with Article 14 of these regulations, the administrator shall, within seven (7) days after such seizure, appraise and report the value of such mining plant and machinery such seized share or interest. The annual rent payable in respect of the Mining Lease is US$18.00 per hectare of land comprising it. Such certificate of application shall remain so published for thirty (30) days and shall be published in such newspaper published at least thirty (30) days before the date of consideration of the application by the Administrator.
At the end of the obtaining of additional evidence, the minutes of the proceedings relating to the obtaining of such additional evidence shall be forwarded by the person designated by the Minister to the Minister, who will then make his decision. A mortgage deed shall be executed in duplicate and the original thereof shall be submitted to the Wardens Office for registration on payment of the prescribed fee. A copy of such advertisement shall be posted by the mortgagee on a conspicuous part of the mortgaged property and in the office of the servicer not less than thirty (30) clear days before the date of sale.
The location of such land shall be shown on such sketch plan and shall relate to the boundary of the mining tenement. An affidavit made under the provisions of the Oaths Acts, 1867 to 1960, in the form prescribed by the execution creditor or his attorney setting forth the facts of the execution and sufficient to identify such holder with the execution debtor. An application for transmission by death of the interest of a deceased holder of a mining tenement. except for a request in accordance with the provisions of regulation 128) shall be made in writing and shall be accompanied by-. a).
An application for transmission in bankruptcy under the provisions of the Bankruptcy Act 1966-1973 of the interest of a holder of a mining tenement must be made in writing and accompanied by-. a). The warden will notify all interested persons of the date and place of the hearing.
PART XI-MINING ON PRIVATE LAND
Unless a penalty is expressly provided for an offence, a person who contravenes these regulations, or disobeys a lawful order of the Warden or Wardens Court, shall be liable to a fine not exceeding $2,000. The Governor in Council may, on the recommendation of the Minister that a miners' community is no longer required for the purpose for which it was proclaimed, terminate such miners' community by Proclamation published in the Government Gazette. Amalgamation of mining leases by lease Cancellation of amalgamation of mining leases Declaration of loss of any document.
Grant of license to carry anything on foreign land. Rental of a mining tenement or license. To sue and issue summonses: - In cases not exceeding $500 In cases not exceeding $1000 In all other cases. To file a notice of defence: - In cases not exceeding $500 In cases not exceeding $1000 In all other cases.
For filing a writ of summons and issuing a writ containing the names of not more than three persons:- In cases not exceeding $500. For the filing of any statement other than a statement of a bailiff or member of the police in respect of service. For the filing of any document (other than a notice or withdrawal) for which no fee has been charged.
To tax all costs: - In cases not exceeding $500 In cases not exceeding $1000 In all other cases. The costs to be paid to witnesses are prescribed in the Fourth Schedule to the "Misdemeanor Courts Rules and any amendments thereto. The fees payable to bailiffs are prescribed in the Third Schedule to the "Misdemeanor Courts Rules and any amendments thereto.
