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©State of Queensland
QUEENSLAND
[Reprinted as at 1 December, 19831
An Act to declare with respect to the commencement date of coal-mining leases granted or deemed to exist pursuant to the Coal Mining Act 1925-1969 and To Provide for the rights and obligations of lessees thereunder upon the expiration of the term thereof, and for other incidental purposes
[ASSENTED TO 12 OCTOBER, 19721 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
rt title. This Act may be cited as the Coal-mining Leases Declaratory Act 1972.
2. Interpretation. In this Act, unless a contrary intention appears,
“coal-mining lease” means a lease that may be granted under
“Minister” means the Minister for Mines or other the Coal Mining Act 1925-1969;
the Crown charged at the material time with the administration of the Coal Mining Act 1925-1969;
“private land” means land within the meaning of that expression as defined in Part XI1 of the Mining Act 1968-1971.
3. C Q m ~ e ~ ~ ~ ~ e ~ t date of coal- leaseEe. The term of every coal-mining lease granted after the commencement of this Act or granted before the commencement of this Act on or since the first day of January 1926 shall be taken to commence or, as the case may be, to have commenced on the first day of the month next following the month in which the application for the lease is, or was, made.
4. Commencement date of certain presu c o a ~ - ~ n ~ n ~ leases.
Where an applicant for a coal-mining lease has entered upon and occupied land, either before or after the commencement of this Act and is, by reason of section 20 of the Coal Mining Act 1925-1969, deemed to hold the land as the lessee thereof the term of lease that he is thereby deemed to hold-
( a ) shall be and shall be deemed always to have been the term specified in the notice of approval of the application for the lease given to the applicant or, failing such specification, shall be 21 years; and
2 ss. 5-7 COAL-MINING LEASES DECLARATORY ACT 1972
( b ) shall be taken to have commenced on the first clay of the month next following the month in which his application for the lease was made.
5. ~ ~ ~ ~ e n c e ~ e n t date of renewal of coal-mining lease. (1) Every first renewal or further renewal of a coal-mining lease (either actually granted or deemed to exist) renewed or further renewed after the commencement of this Act or renewed or further renewed before the
commencement of this Act on or since the first day of January 1926- ( a ) in the case of a first renewal, shall be taken to take effect or,
as the case may be, to have taken effect on the date next following the expiration of the lease calculated, in the case of a lease referred to in section 3 from the commencement date prescribed in relation to the lease by that section and, in the case of a holding deemed to be a lease referred to in section 4 from the commencement date prescribed in relation to the lease by that section;
( b ) in the case of a further renewal, shall be taken to take effect or, as the case may be, to have taken effect on the date next following the expiration of the last preceding renewal of the lease calculated from the commencement date prescribed in relation to the last preceding renewal by this section.
( 2 ) In this section the expression “first renewal” means the renewal that is referred to in subsection ( 3 ) of section 11 of the Cod Mining Act 1925-1969 as the first renewal and the expression “further renewal”
means any renewal subsequent to the first renewal.
6. to renew lease te
(1) Where the expiration of the term of a coal-mining lease held or deemed to be held by any person immediately before the Commencement of this Act is accelerated by reason of the operation of the provisions of this Act on the lease the person who is or is deemed to be the holder of the lease at the date of expiration of the term may be granted a renewal of the lease, subject to and in accordance with the CQUZ Mining Act 1925-1969, upon an application made as prescribed by this section and not otherwise.
(2) Every application for renewal of a coal-mining lease referred to in subsectioi? ( 1 ) shall be made within six months aEter the commencement of this Act or within six months after the date of expiration of the term of the lease, whichever period is the later to expire.
7. Coal-mining lease deemed to continue pending renewal. (1) Where it appears-
( a ) that any person was at any time either before or after the commencement of this Act in occupation of land under claim of a coal-mining lease held or deemed to be held by him; and
COAL-MINING LEASES DECLARATORY ACT 1972 ss. 8 , 9 3
( b ) that
(i) the term of the lease has expired at the material time and that the expiration was accelerated by reason of the operation of the provisions of this Act on the lease and that application for renewal of the lease has been made after the commencement of this Act in accordance with section 6 or that a renewal of the lease has been granted upon an application made after the commencement of this Act in accordance with that section; or
(ii) the term of the lease has expired at the material time and that the expiration was accelerated by reason of the operation of the provisions of this Act on the lease and that application for renewal of the lease has been made before the commencement of this Act or that a renewal of the lease has been granted upon an application made before the commencement of this Act; or
(iii) the term of the lease has expired at the material time and that the expiration was not accelerated by reason of the operation of the provisions of this Act on the lease and that application for renewal of the lease has been made or that a renewal of the lease has been granted,
the term of the lease shall be deemed to have continued throughout the interim period and that person shall be deemed to have held the land throughout the interim period as lessee subject to and with the rights conferred by the conditions and covenants applicable to such lease.
(2) I n this section the expression “interim period” means that period of time from the date of expiration of the term of the lease in question until the date when the renewal of that lease is granted or refused by the Minister under the Coal Mining Act 1925-1969.
ses, (1) It is declared that the approval of an application for a coal-mining lease on receipt of notice of which the applicant is, by section 20 of the Coal Mining Act 1925-1969, at liberty to enter upon and occupy land to which the application relates is and always has been the approval of the Minister.
(2) An applicant for a coal-mining lease who before the commencement of this Act on or since the first day of January 1926 has entered upon and occupied land in reliance on a notice of approval of his application issued from the Department of Mines shall be taken to hold and, at all material times, t o have held the land as lessee as provided by section 20 of The Coal Mining A c t of 1925.
~ e s e ~ ~ ~ ~ Q ~ of CQ en&. Where, pursuant to section 7 a person is to be deemed to hold as lessee land that is private land throughout the interim period any agreement duly made by him or act duly done by him for the payment of compensation to the person or persons entitled thereto shall be deemed to continue to have throughout
4 s . 1 0 COAL-MINING LEASES DECLARATORY A C T 1972
the interim period the force and effect that it had before the commencement of the interim period and in the case of such an agreement, to be binding to that extent on all parties thereto throughout the interim period, notwithstanding that the term of the coal-mining lease in connexion with which it was made or done has in fact expired.
st claims of right to land. Where it any time before the commencement of this Act in occupation of land under a claim that depends for its validity upon the existence at the material time of a coal-mining lease or deemed to be held by any person, the claim of that person to be in occupation of the land at (that time and to exercise therein the rights conferred on him by such a lease shall not be invalidated or otherwise prejudiced by reason of the operation of the provisions of this Act on the lease in question.
61544--By Authority: S . R . P ~ A M P S O N , Government Printer, Queensland
INDEX
TO THE
AL-MINING LE
A
Act-
not to ,prejudice past claims of right to land . . . short title of . . .
C
Coal-mining lease-
commencement date o f , . . . commencement date of certain, presumed . . . . . commencement date of renewal of . . . deemed to continue, pending renewal
meaning of term . , . . . preservation of compensation agreements re . . . . . . .
ratification of auurovals of . . .
. . .
Commencement dai&
of certain presumed coal-mining leases . of coal-mining lease . . . of renewal of coal-mining lease . . . .
“first renewal”-
“further renewal”- meaning of term for the purposes of s. 5 meaning of term for the purposes of s. 5
“interim period”-
Interpretation. meaning of See term meaning for the purposes of terms. of s. 7
Land-
Lease. Act not to prejudice past claims See coal-mining lease. of right to
Meanin of terms coak-mining G s e
“first renewal”
“further renewal” .
“interim period”
Minister . .
private land .
meaning of term . .
Minister
-
. . . . . .
F
I
L
M
. . .
. .
s. 10 1
3 4 5 I 2 9 8 4 3 5
10
2
. . . . . . . . . . . . . . . , .
. . , .
. . .
. , . . . . . . . , .
. .
. .
. . .
. . . . . . .
. .
. .
Page
4 1
1 1 1 2 1 3 3
1 1 2
2 2
3
4
1 2 2 3 1 1 1
6 INDEX
P
Private land- meaning of term
Renewal of coal-mining lease
s. 2
ss. 6, 7
s
Shor? title s 1
A
Page
1
~~
61 544-By Authonty: S. R. HAMPSON, Government Pnnter, Queensland
