Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
QUEENSLAND
SPECIAL GEM CLAIMS (EVIDENCE OF PAYMENT OF RATES) ACT 1973, No. 70
[Reprinted as at 1 March, 1986]
An Act to make provision to more effectively assure the Council of the Shire of Emerald of the payment of rates on land held from the Crown under certain special gem claims and for purposes connected therewith
[ASSENTED TO 19 DECEMBER, 1973]
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:-
1. Short title and citation. This Act may be cited as the Special Gem Claims (Evidence of Payment of Rates) Act 1973.
2. Interpretation. In this Act unless the contrary intention appears-
"Council" means the Council ofthe Shire of Emerald constituted under the Local Government Act 1936-1973;
"holder" means the holder of a special gem claim that is registered by the Warden under the Mining Act;
"Mining Act" means the Mining Act 1968-1973 and The Mining Acts 1898-1967 continued in force by the Mining Act 1968-
1973;
"rent" means the rent payable under the Mining Act 1968-1973 in respect of a special gem claim;
"Shire Clerk" means the person duly appointed for the time being to act as clerk of the Council of the Shire of Emerald;
"special gem claim" means a special gem claim duly registered by the Warden under the Mining Act;
"Warden" means the Warden duly appointed under the Mining Act 1968-1973, to be Warden of the Clermont Mining District as constituted under that Act.
3. Production of certificate. The holder of a special gem claim shall, when tendering payment of rent in respect of that special gem claim, produce to the Warden together with that rent, a certificate duly issued by the Shire Clerk, certifying that rates owing to the Council on the land that comprises that special gem claim, are not in arrear.
2 s. 4 SPECIAL GEM CLAIMS (EVIDENCE OF PAYMENT
OF RATES) ACT 1973 s. 6
4. Issue of certificate. The Shire Clerk shall, when requested to do so by the holder of a special gem claim to which section 3 relates, issue to that holder, a certificate of the type referred to in section 3, where the Shire Clerk is satisfied that the rates referred to in that section are not in arrear.
A certificate issued under this section shall remain in force for 14 days from the date of issue and no longer.
5. Refusal to accept rent. Notwithstanding the Mining Act 1968- 1973, the Warden shall refuse to accept payment of rent tendered to him in respect of a special gem claim unless a certificate then in force, duly issued under section 4, that relates to that special gem claim is produced to him together with that rent.
6. Forfeiture of claim. Where the Warden refuses to accept payment of rent pursuant to section 5, that refusal shall be deemed to be a default made by the holder in the payment of rent of a special gem claim, and that special gem claim shall without further action in that regard, be forfeited, and thereupon the provisions of the Mining Act 1968-1973 shall apply and extend accordingly in relation to that forfeited special gem claim.
By Authority: S. R. HAMPSON, Government Printer, Queensland 70814 (rmini0)-4/86
