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©State of Queensland
QUEENSLAND
THE MINERS' .HOMESTEAD LEASES ACTS, 1913 TO 1.965
(Compiled to I January 1970)
Prepared by dircction of 'I'he Honourable R. E. C A M M . M.L.A.,
Minister for Mines and Main Roads
By A u t h o r i t y : S. G . REID, Governlnent P r ~ n t e r , Brlsbane--:::I972
TABLE OF CONTENTS;
THE
MINERS' HOMESTEAD LEASES ACTS,
1913 ts 1965 Miners9 Homestead Leases Act of 1933, 4 Geo. 5 No. 1 4Arnended by
Rliners9 Homestead Leases Act Amendment Act of 1913, 4 Geo. 5 No. 28 Rlining Acts Amendment Act of 1920, 1 0 Geo. 5 No. 27, Part IV Mining Acts Amendment Act of 1920 (No. 21, 11 Geo. 5 No. 9, s. 3 Miners9 Homestead Perpetaall Ceases Act A~nendment Act of 1921,
1 2 Geo. 5 No. 16
Mining Acts Amendment Act of 1929, 20 Geo. 5 No. 35, Part III Mining Acts Alnendment Act of 1930, 2 1 Geo. 5 No. 32, Part I11 (D) Mining Acts Amendment Act of 1939, 3 Geo. 6 No. 4, Part 111
Miners' Homestead Leases Acts Amendment Act of 1947, 11 Geo. 6 No. 30
Miners' Homestead Leases Acts Amendment Act of 1951, 15 Geo. 6 No. 32
Miners' Homestead Leases Acts Amendment Act of 1957, 6 Eliiz. 2 No. 4
Miners9 Homestead Leases Acts Amendment Act of 1964, No. 9 Aliens Act of 1965, No. 19, s. 4, Schedule I1
Miners' Homestead Leases Acts Amendment Act of 1965, No. 56
An Act to Amend the Law relating to Miners' Homestead Leases [Assented to 29 October 19 1 3 1 PART I-PRELIMINARY
I. Short title and commencement of Act. 'This Act [nay be cited as
"The Miners' Homestead Leases Act of 191 3," and shall be read as one with "The Mining Act of 1898," herein referred to as the Principal Act. This Act shall commence and take effect on and from the first d a y of March, one thousand nine hundred and fourteen.
Collective title conferred by Act of 1965, No. 5 6 , s. 1 ( 3 ) .
The word "Perpetual" was inserted between the words "Miners' Momestead"
and "L.eases" in the short and long titles by Mining Acts Amendment Act o f 1920.
s. 26. That word was subsequently repealed by Mining Acts Amendment Act of 1929, s. 9.
2. Division of Act. This Act is divided into Parts, as follows:-.
PART I-PRELIMINARY;
PART 11-MINERS' HOMESTEAD L,EASES:
Division I-Power to grant leases;
Division 11-Land available by applicatioa;
Division 111-Land available at auction;
Division 111~-Special provisions for coalfields;
Division IV-Cirant and conditions of lease;
PART 111-GENERAL PROVISIONS.
As amended by Mining Acts Amendment Act of 1920, s. 26; Mining Aclr;
Amendment Act of 1929, s. 9.
2 s. 3 MINERS' HOMESTEAD LEASES ACTS, 1913 TO 1965
3. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings set against then1 respectively, that is to say,-
"Land Courtn-The Land Court preserved, continued in existence and constituted by and under "The Land Acts,
1962 to 1963";
lessee"^-The holder of a miner's homestead lease or miner's homestead perpetual lease (as the case may be) under this Act, whether such lease bas been granted after application only or after sale by auction: the term, where necessary, includes the holder of a leasehold under Part VIII of the Principal Act or under any Act repealed by the Principal Act: this term also, where necessary, includes the executor or admiriistrator of a deceased lessee, or, if no probate or administration has been granted, the person entitled to entry of transmission of the miner's homestead of a deceased lessee in the records of the Department of Mines, or the committee of an insane lessee;
"Mining Field"--A goldfield or mineral field as defined by the Principal Act;
"Miner's homesteadw-Land comprised in a miner's homestead lease or a miner's homestead perpetual lease, as the case may be;
"Miner's homestead leaseM--Any miner's homestead lease granted under this Act or under Part VIII of the Principal Act or under any Act repealed by the Principal Act;
"Miner's homestead perpetual leasev-Any miner's homestead perpetual lease granted under this Act;
"Qualified person"-- (i) A person who-
( a ) Is not less than eighteen years of age; and
( b ) Is not already the lessee of the maximum acreage of land which ilnder this Act may be held by a lessee; or (ii) An incorporated company or body corporate carrying on
business on such mining field; or
(iii) If the land is to be used as a place of public worship or parsonage, any person or body corporate, whether resident on such mining field or not, desiring to hold the land for that purpose; or
(iv) If the land is in a township situated within a coal-mining field, any person or body corporate, whether resident on such coal-mining field or not; or
( v ) If the land is situated within a coal-mining field and is set apart as available only to applicants or purchasers, as the case may be, under this Act who are employed in or in connection with a coal-mine situated within such field-- then only such persons who are so employed;
"Kcgistr:tr of Dealingsn-'The ofTicer of the Department of Lands charged with the duty of recording dealings affecting lands under "Thc Land Acts, 1962 to 1965";
M I N E R S HOMESTEAD LEASES ACTS. 1913 TO 1965 ss.4-6 3
"Registrar of TitlesH-The term includes the Deputy Registrars of Titles for the Central District and Northern District, respectively under and within the meaning of "The Real Property (Local Registries) Act of 1887";
"Wardenn-In relation to a particular miner's homestead, the warden to whose court the mining field within which such miner's homestead is situated is assigned.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv), ( v ) ; Act of 1921, 12 Geo. 5 No. 16, s. 2; Mining Acts Amendment Act of 1929, s. 10; Act of 1947, 11 Geo. 6 No. 30, s. 3; Act of 1.964, No. 9, s. 2; Aliens Act of 1965, No. 19, s. 4, Schedule 11; Act of 1965, No. 56, s. 2.
Acts re,ferred to:
Idand Act 1962-1968.
Real Property (Local Registries) Act of 1887.
4. Repeal of Part VIIII. Part V l l I of the Principal Act is repealed:
Provided that all miners' homesteads which at the commcncernent of this Act are applied for, leased, occupied, used, or enjoyed under any prior enactment-
(i) shall, unless 'this Act in any respect otherwise expressly provides, until the same are surrendered or resumed, or the existing title thereto is otherwise determined, continue to be subject to the provisions of such prior enactment in the same manner as if this Act had not been passed, and the owner thereof shall be entitled to all the privileges conferred on holders of such homesteads under this Act;
(ii) shall, without prejudice to the provisions of the last preceding paragraph, as far as practicable, be dealt with according to the provisions of this Act and, subject thereto, in accordance with the provisions of the prior enactment, which shall for that purpose be deemed to continue in force
notwithstanding the repeal thereof.
PART II-MINERS' ~ ~ ~ ~ O M E S T E A D LEASES
The word "Perpetual" was inserted between the words "Miners' Homestead"
and "Leases" by the Mining Acts Amendment Act of 1920, \. 26. That word was subsequently repealed by the Mining Acts Amendment Act of 1929, s. 9.
DIVISION I-POWER TO GRANT LEASES
5. Power to grant leases. Subject to this Act, the Governor in Council may grant to any qualified person a lease, to be called a miner's homestead perpetual lease of any Crown land within the limits of a mining field.
As amended by Mining Acts Amendment Act of 1920, s. 2.6 ( i v ) ; Mining Acts Amendment Act of 1929. s. l I ; Act of 1947, 11 Geo. 6 No. 30, s. 4.
6. Area of land which may be leased. (1) No person may hold as a miner's homestead or homesteads, within the same mining field, a greater area than the following, whether held in onc homestead or several homesteads, that is to say,-
Within the boundaries of a city, town, or township-One acre or such 4reater area than one acre not exceeding ten acres as the Governor in Council upon thc report of the warden may approvc.
4 ss. 7,8 MINERS' H O M E S T E A D LEASES ACTS, 19 13 TO 1965
Outside the boundaries of a city, town, or township-Eighty acres or such greater area than eighty acres [not exceeding] one thousand two hundred and eighty acres, or such less area than eighty acres, as the Governor in Council may by proclamation declare to be the maximum area for homesteads in any particular mining field or part of a mining field; and by such proclamation suitable areas as miners' comn~ons may also be reserved or set aside.
( 2 ) If no township has been duly constituted within a mining field, the warden shall report to the Minister upon the necessity o r otherwise of reserving a town site or town sites, and the boundaries thereof, before recommending the issue of any miner's homestead lease or any miner's homestead perpctual lcase (as the case may be).
No residence area or business area shall be granted in respect of any land situated within any town site so reserved, saving all rights secured by clause twenty-seven of the Principal Act.
( 3 ) (Repealed.)
As amended by Mining Acts Amendment Act of 1920, s. 2 6 ( i v ) ; Mining Acts Amendment Act of 1929. s. 12; Mining Acts Amendment Act of 1930, s. 26;
Act of 1965, N o . 5 6 , s. 3.
It appears that s i ~ b s e c t i o ~ l ( I ) was intendqd to be read a s if the words "not exceeding" appeared before the words "one thousand two Ilundred and eighty acres".
7. Shape of land which may be leased. The boundaries of the land which may be held as a miner's homestead, shall be rectangular, and the length shall not exceed three times the breadth, and the frontage to a road, river, or creek shall not exceed one-half the length of the land:
Provided that-
( a ) The course of a river or creek may be taken as a boundary when convenient; and
( b ) When adherence to the prescribed shape would render the construction of any road difficult o r impracticable, the boundaries may be surveyed to meet the requirements of the public in such manner as the Minister may approve; and
( c ) When, owing to the position of adjoining boundaries or natural
features, rectangular areas are not available, any intervening or irregularly shaped pieces of land may be applied for.
A \ amended by Mining Acts Amendment Act of 1920, \. 26 (iv); Mining Acti Amendment Act of 1929. s. 13.
DIVISION 11-].AND AVAILABLE B Y APPLlCATION
8. ( 1 ) Application for miner's homestead perpetual lease. 1898, s. 72.
Any qualified person who desires to obtain a miner's homestead perpetual lcase of land which has not been set apart for sale by auction as hercinafter provided shall lodge an application in the prescribed form a t the warden's office, and shall describe in the application the boundaries of thc land applied for and the positior~ of the land.
(2) Went and survey fee to be deposited. 1898, s. 73. With the application the applicant shall deposit at the warden's ofice the amount of a year's or half a year's rent, at the rate hereinafter prescribed, togethcr with the prescribed survey fee.
MINERS' HOMESTEAD LEASES ACTS, 1913 T O 1965 ss. 9-16 5
Applications made between the first day of January and the first day of July in each year shall be accompanied by a year's rent; appli- cations made between the first day of July and the first day of January, by half a year's rent.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv), ( v i ) ; Mining Acts Amendment Act of 1929, 5. 14; Act of 1947, 11 Geo. 6 No. 30, s. 5.
9. Entry and determinatioi~ of applications. 1898, s. 74. Applications shall be in duplicate, signed by the applicant o r his authorised agent, and shall be duly entered and numbered consecutively in a register .to be kept by the warden,
The warden shal! hear all applications in the order of their numbers.
If two or more applications are simultaneous, priority between the applicaqts shall bc determined by lot.
The warden or his clcrk shall give a written receipt for every application, specifying such number and the timc at which the same was lodged.
10. Posting on land of application. 8898, s. 75. The applicant shall, within forty-eight hours after lodging the application or such further time as the warden may fix, post in a conspicuous place on the land applied for, and at thc warden's office, a copy of the application; and such copy shall be kept so posted until the day of hearing thc application by the warden.
11. Objections. 1898, s. 46. Any resident within the mining field may, at any time before the hearing of an application, lodge at the warden's office a notice of objection to the application, specifying the grounds of objection.
12. Manner of disposing of application. 1898, s. 78. Applications shall be heard by the warden, after personal inspection of the land by him or the receipt of a report by a surveyor, inspector of mines, or person approved by the warden. All applications and objections thereto shall be heard and determined in open court.
13. Warden may alter or reject application. 1898, s. 79. If the land applied for includes any claim or any land in the authorised occupation of any person other than the applicant, or if the granting of the application would, in the opinion of the warden, in any way interfere with mining or with the requirements of the public, the warden shall make such alterations in the area and boundaries of the land as seem advisable to him, or he may reject the application.
If the land contains valuable improvements, he may impose a condition that the applicant shall pay the value of such improvements, to be fixed by the warden.
14. Return of rent and survey fee when application rejected. 1898, s. 82.
If an application is rejected, the applicant shall be entitled to have the amount deposited by him as rent and survey fee repaid by the warden forthwith.
15. (Repealed.)
Repealed by Mining Acts Amendment Act of 1920, s. 26 (vii).
DlVlSION Ill-LAND AVAILABLE AT AUCTION
16. Reservation of land for sale, If the warden is of opinion that land in any part of the mining field, on account of its quality, or for other sufficient reason, should be set apart for sale as miners' homesteads by auction, he shall, before recommending the grant of any application for
6 ss. 17-19 MINERS' NOMES'TEAD LEASES ACTS, 1913 T O 1965 such land under Division I1 of this Part, furnish the Minister with a report, together with a plan showing the position of the land, and if the land has not been surveyed shall mark on the plan the land which he considers should be so set apart and the area or areas which he considers most suitable for miners' homesteads.
I-Ie shall also recommend the upset price to be notified for each such area.
On receipt of such report, thc Minister may, notwithstanding anything contained in Division PI of this Part, by notification in the Gazette, set apart such land for sale by auction in the manner hereinafter prescribed, and may cause the land to be surveyed or designed into portions.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv), (viii);
M ~ n i n g Acts Amendment Act of 1929, s. 15.
17. Notification of land available for sale ad auction. The Minister may, by notification in the Gazette, declare that land which has been surveyed o r designed into portions, or any part thereof, is open for sale as miners' homesteads by public auction as hc thinks advisable, and may at any time withdraw any such land from being so open.
Land may be declared so open either as surveyed or designed miners' homesteads :
Provided that-
( a ) Before land is declared to be so open as surveyed land, it shall. be surveyed into portions of convenient size;
( b ) Before land is declared to be so open as designed land, the position of such land shall be indicated on a map or plan.
In every case, where necessary, provision shall be made for roads and reserves.
A plan of the land so surveyed or designed shall be exhibited at the warden's office.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv), ( i x ) ; Mining Acts Amendment Act of 1929, s. 16.
18. (Repealed.)
Repealed by Mining Acts Amendment Act of 1920, s. 26 ( x ) .
89. Sale by auction. (1) The following provisions shall apply to sales by public auction of miners' homesteads:-
( 2 ) The notification shall declare-
( a ) 'The place and time of sale, being not less than twenty-one days after the date of the notification;
( b ) The numbers of the portions, and the area and upset price of each portion;
( c ) The value to be paid for the improvements, if any, on the land.
( 3 ) The notification may---
( a ) Impose any special conditions with respect to the sale of any specified portion or portions;
( b ) Declare that any land therein mentioned which is not bid for or is not withdrawn from sale, either before or after offer at auction, shall be open for lease by the first appiicant at the upset pricc and on such conditions as may be declared.
( 4 ) 'The upset price of land within a city, town, or township shall not be less than ten dollars per acre.
MINERS' HOMESTEAD LEASES ACTS, 1913 T O 1965 ss. 19A, 20 7
( 5 ) Bidding shall be by capital sum, and the person who makes the highest bid for a portion, not being less than the upset price, and forthwith pays one-thirtieth part of the sum bid by him for the portion (which shall be in satisfaction of the first year's rent), and also pays the prescribed survey fee, shall be declarcd the purchaser.
( 6 ) Provided that-
( a ) No person shall be entitled to become a purchaser who is not a qualified person;
( b ) If two or more persons make simultaneous applications for a miner's homestead which, having been offered at auction and not sold, is open for lease at the upset price, the lease shall be again offered at auction to such applicants and to no other persons; and the provisions of the last preceding subsection shall apply.
( 7 ) For the purpose of this section the warden or other person authorised by the Minister may hold an auction sale without holding an auctioneer's license.
As amended t y Mining Acts Amendment Act of 1920, s. 26 (iv), ( x i ) ; Mining Acts Amendment Act of 1929, s. 17.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
DIVISION IIIA-SPECIAL PROVISIONS FOR CO.4LFIELDS
1 9 ~ . Lands on coalfields may be set apart for employees. Notwith- standing any other provision of this Act, the Minister on the recommenda- tion of the warden may from time to time, by notification in the Gazette, set apart any land situated within a coal-mining field to be available by application under Division I1 of this Act, or at auction under Division 111 of this Act, only by applicants or purchasers, as the case may be, who are employed in or in connection with a coal-mine situated within such coal-mining field. Thereupon the only persons who shall be qualified to apply for or become purchasers at auction of a miner's homestead perpetual lease of any land so set apart as aforesaid shall be persons who are employed in or in connection with a coal-mine situated within such coal-mining field.
In any such case the decision of the warden whether any applicant or bidder at auction is a qualified person within the meaning of this section shall be final.
Save as aforesaid the provisions of this Act applicable to miners' homestead perpetual leases available by application or at auction, as the case may require, shall be applicable to such leases of land so set apart as aforesaid.
'Inserted by Act of 1921, 12 Geo. 5 No. 16, s. 3; as amended by Mining Acts Amendment Act of 1929, 20 Geo. 5 No. 35, s. 18; Act of 1947, 11 Geo. 6 No. 30, s. 6.
DIVISION IV-GRANT AND CONDITIONS O F LEASE
20. Approval sf application. 1898, ss. 80, 81. The warden shall forward to the Minister all applications, or, if the land is sold at auction, particulars of the land and the name of the purchaser, together with his report, and the Minister may recommend to the Governor in Council that the application or purchase he approved.
No application or purchase shall be so recommended unless the warden reports that he is satistied that such application or purchase is made in good faith.
8 s . 2 1 MINEIZS' HOMESTEAD LEASES ACT'S, 191 3 TO 1965
Upon approval by the Governor in Council of the application or purchase, the warden shall, if the land has not been surveyed, instruct the mining surveyor or an authorised surveyor to survey the same, and on receipt of the plans shall forward them to the Minister with his report thereon:
Provided that any application or purchase so approved before thc land has been surveyed shall be deemed to be approved subject to the land being found to be available aftcr the survey has been made.
21. Occupation of land. 6898, s. 83. (1) Notice of the approval by the Governor in Council of the application or purchase shall be given to the applicant or purchaser, who shall thereupon be at liberty to enter upon and occupy thc ldnd, and shall--
( a ) If the area does not exceed twenty acres, within twelve months after the date of the notice, if the Minister has by the notifi- cation declared that the condition of residence shall apply, occupy the land by the continuous and bona fide residence on the land of himself or some qualified person, and in all cases within the said time make improvements on the land of a value of not less than a sum determined by the Minister and specified in such notice of approval;
( b ) If the area exceeds twenty acres, within twelve months after the date of the notice, unless exempted by the Minister, occupy the land by the continuous and bona fide residence on the land of himself or some qualified person, and, within twelve months after the date of the notice, enclose the land with a good and substantial fence or make substantial improvements on the land of a value equal to the cost of such fence;
( c ) IS the land is situated within any city, town, or township and the Minister has by the notification declaring the land open for sale as a miner's homestead by public auction imposed a condition that improvements of a value in excess of fifty dollars shall be made thereon, within twelve months after the date of the notice or such longer period of time thereafter as the Minister shall have specified in the notification, make improvements on the land of a value of not less than the amount in excess of fifty dollars specified in the notification.
An applicant or purchaser required to comply with the provisions of this paragraph (c) shall, in addition, comply with the condition of residence where such lastmentioned condition is applicable in his case:
Provided that on good cause being shown the Minister may extend the time for the performance of the foregoing conditions or any of them on such terms as he thinks fit.
In respect of any and every request for an extension of time as aforesaid a fee amounting to fifty cents for each and every application for lease to which that request relates shall be payable.
(2) The applicant or purchaser shall notify the warden within the time herein specified, or such extended time as may have been approved, when he has entered upon and occupied the land or when he has fenced the land or made improvements in the manner prescribed, and the warden or some person deputed by him shall inspect the land.
( 3 ) If the applicant or purchaser Fails to comply with this section- ( a ) He shall be deemed to have abandoned the land, and shall
cease to have any interest thcreir~;
M1N ERS' HOMESTEAD LEASES ACTS, 191 3 T O 1965 SS. 22, 23 9
( b ) He shall not be entitled to a return of any moneys paid by him as rent or survey fee; and
(c) The land may be dealt with as unoccupied Crown land.
( 4 ) In the case of two or more contiguous miners' homesteads the aggregate area of which does not exceed six hundred and forty acres, and which are held by members of the same family, tlie enclosure by one fence of the whole area comprised in the several homesteads shall, so far as the value of such fence extends, be deemed to be a performance of the obligations of each holder in respect of improvements under this section, or the prescribed improvements may be rnade on any part of the area comprised in the contiguous homesteads.
( 5 ) If there are upon the land any improvements the value whereof is payable by the applicant or purchaser, payment by him of such value .,hall be deemed a performance of his obligation with respect to improve- ments so far as such value extends.
( 6 ) Upon the completion of a survey of the land and the approval of the plan relating thereto by or on behalf of the Minisix, the applicant or purchaser shall be entitled to a miner's homestead perpetual lease of the land so surveyed, and such lease may thereupon be issued.
As amended by Mining Acts Amendment Act of 1920, s. 26 ( i v ) ; Mining Act3 Amendment Act of 1929, s . 19; M ~ n i n g Acts Amendment Act of 1930, s. 27;
Act of 19.37, 11 Geo. 6 No. 30, s. 7; Act of 1951, 15 Geo. 6 No. 32, 5 . 2; Act of 1957, 6 Eliz. 2 No. 4, s. 2; Act of 1964, No. 9, s. 3.
Decimal currency references substit~~ted pursuant to section 7 of Decimal Currency Act of 1965.
22. Maintaining improvements and residence on land. (1) A miner's homestead lease or a miner's homestead perpetual lease (as the case may be) shall bc a lease in perpetuity, and shall be deemed to commence on the date of the approval of the application or purchase. The lessee shall, in the case of a miner's homestead lease, during the first period of thirty years, or in the case of a miner's homestead perpetual lease, during the lease-
(a) Keep the prescribed fences or improvements on the land in good order;
(b) Keep the land clear of noxious weeds and plants; and
(c) In all cases where the condition of residence applies, occupy the land by the residence thereon of himself or some qualified person:
Provided that the Minister may grant exemption from the condition of occupation prescribed in paragraph ( c ) hereof for such time and on such terms as he thinks fit.
In respect of any and cvery application for thc grant of exemption as aforesaid a fee amounting to fifty cents for each and every lease to which that application relates sha'll be payable.
( 2 ) The lease may contain such reservations and stipulations with respect to the right to cut or destroy timber on the land, whether by the lessee or any person mining thereon, as the Minister thinks fit to impose.
As amended by Mining Acts Arnendnient Act of 1920, s. 26 (iv), (xii);
Mining Acts Amendment Act of 1929, s. 20; Act of 1951, 15 Geo. 6 No. 32, s. 3.
Decimal c u ~ r e n c y reference substituted pursuant to section 7 of Decimal Currency Act of 1965
23. Rent of miner's homestead lease. ( 1 ) The annual rent reserved by a miner's homestead lease shall, during the first period of thirty ycars, be-
( a ) In the case of a lease sct apart lo be sold and sold by auction, one-thirtieth part of the purchase price;
10 ss. 23A-24 MINERS' HOMESTEAD LEASES Am'§, 191 3 T O 1965 ( b ) In all other cases, one-thirtieth part of the capital value of
the land according to the notification in respect of such land.
But the rent for any area shall not be less than fifty cents per annum.
( 2 ) After the expiration of such period, the annual rent shall be ten cents and no more, if demanded.
( 3 ) A lessee may at any time or times pay in advance the rent reserved in his lease for the whole of any portion not being less than one year of such period.
Inserted by Mining Acts Amendment Act of 1929, s. 21, which renumbered the original s. 23 as 5 . 236.
Decimal currency refergn'ces substituted pursuant to section 7 of Decimal Currency Act of 1965.
2 3 ~ . Kent. The annual rent of a Miner's Homestead Perpetual Lease shall be a sum equal to three dollars per centum of the capital value of the land: Provided that in no case shall the annual rent be less than fifty cents.
Substituted by Mining Acts Amendment Act of 1930, s. 28.
Decimal curlency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
2 3 ~ . Gagitall value. (1) During the first ten years of a Miner's Home- stead Perpetual Lease the capital value shall be--
( a ) In the case of a lease sold by auction, the notified upset price or such greater capital sum as has been bid by the lessee at auction;
( b ) In all other cases the capital value as determined by the warden.
( 2 ) For each period of ten years thereafter, the capital value shall be determined by the warden upon the applicatiorl of the lessee or the Minister made at least six months prior to the expiration of the then current period.
If no such application is made within the prescribed time, the existing capital value shall continue to be the capital value for the next period of ten years.
Inserted by Mining Acts Amendment Act of 1930, s. 29.
24. Manner of paying rents. Penal@ in default. 1898, s. 86. (1) Rent and other payments due to the Crown under this Act shall be payable to the warden of the mining field in which the miner's homestead is situated.
( 2 ) Rent shall be payable on or before the thirty-first day of December in respect sf the year next ensuing.
( 3 ) The rent reserved, with any accrued penalties in respect of arrears of rent, shall be a debt due to His Majesty.
(4) If default is made by the lessee in the paynlent of rsnt, the lease shall at the option of the Crown be forfeited, But such forfeiture may be defeated by the payment within ninety days of the full amount of rent, together with such sum added by way of penalty as the Minister may impose.
If the full atnount of rent, together with the penalty, is not paid on or before the thirty-first day of March, the lease shall at the option of the Crown, without any inquiry or other process, be forfeited: Provided that the Minister may waive the forfeiture, and reinstate the lessee on payment of the arrears of rent duc and the accrued penalty.
MINERS' HOMESTEAD 1,EASES ACTS, 1913 TO 1965 s. 24A I 1
2 4 ~ . Application by miners9 llolrmestead perpetual lessees for conversion to miners' homestead leases. (1) Any lessee of a miner's homestead perpetual lease acquired and held under the provisions of section twenly- one of "The Miners' Homestead Leases Act of 1913" as amended by
"The M i ~ ~ i n g Acts Amendment Act of 1920'' and "The Miners' Wome- stead Perpetual Leases Act Amendment Act of 1921" may give notice to the warden that he desires a miner's homestead lease of the land comprised
in such miner's homestead perpetual lease.
( 2 ) Such notice shall be given within six months after the commence- ment of this Act or within such further time as the Minister may in his discretion allow.
Moreover such notice shall be accompanied by the proportion of the annual rental of such lease as hereinafter determined, calculated up to the thirty-first day of December next following.
( 3 ) Upon receipt of a notice as aforesaid, the subsisting miner's homestead perpetual lease shall be deemed to be a miner's homestead lease of the land therein referred to as from the date of the endorsement referred to in subsection four of this section.
(4) An endorsement in terms of subsection three hereof shall be made on the instrument of lease concerned, which shall remain in force, together with all encumbrances thereon, subject to the terms and conditions imposed by this section.
( 5 ) -
( a ) 'The capital value of the land shall be the same amount as the capital value of the land under the perpetual lease, and shall be deemed the purchase price of the miner's homestead lease.
( b ) Except as modified by "The Mining Acts Amendment Act of 1929," the provisions of s e c t i o ~ twenty-one of "The Miners' Homestead Leases Act of 1913" as amended by
"The Mining Acts Amendment Act of 1920" and "The Miners' Homestead Perpetual Leases Act Amendment Act of 1921" shall apply to land dealt with under this section.
( c ) The lease so endorsed shall be subject to the payment of an annual rental which shall be fixed at a sum equal to one- thirtieth part of the capital value.
Past payments of rent, except so far as they constitute overpayment, shall not be credited to rent payable under the new lease.
( 6 ) -
( a ) Notwithstanding the provisions of paragraph ( a ) of sub- section five of this section, if the lessee at the same time as he lodges his notice produces evidence that the existing capital value is greater than the present unimproved value of the land, he may at that time make application to the warden on the prescribed form for a review of such value.
( b ) Such evidence shall be in the form of a statutory declaration or an affidavit, setting out fully the facts on which the lessee relies to support his contention that the existing capital value of the land is boo high.
(c) No application for review shall be considered that is not accompanied by evidence as aforesaid.
12 s. 25 MINERS' l3OMESTEAD 1.EASES ACTS. 1913 TO 1965
( d ) The warden shall thereupon determine the unimproved value of the land as at the date of the application for review of such value. In such determination the warden shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present capital value of the land or at any amount higher or lower than such capital value.
The value as so determined shall become the capital value of the land, and any necessary adjustment in regard to the amount paid as deposit shall forthwith be made.
( 7 ) Notwithstanding anything contained in any Act to the contrary, when any lease dealt with under this section is charged or made security for the payment of any sum of money by the registration of a memorandum of mortgage or charge, or is subject to a sublease registered in the hooks of the warden and/or Department of Mines, such memorandum of mortgage or charge or sublease shall not be extinguished by any action under the terms of this section, and as between the parties to the said memorandum of mortgage o r charge or sublease and all other persons such memorandum of mortgage or charge or sublease shall be and remain good and effective, and shall have the same force and effect as if the terms and conditions of the original lease had remained unaltered.
Inserted by Mining Acts Amendment Act of 1929, s. 22. "The commencement of this Act" in s ~ ~ b s e c t i o n ( 2 ) appears to refer to the commencement of that Act.
Acts referred to:
This Act.
Mining Acts Amendment Act of 1920.
Miners' Homestead Perpetual Leases Act Amendment Act of 1921.
Mining Acts Amendment Act of 1929.
25. Conditions on which homestead may be sublet. ( 1 ) A lessee or an applicant for a lease under this Act or a purchaser of land offered for sale under this Act may, with the approval of the Minister, sublet the whole or any part af his miner's homestead, or, as the case may be, of the land comprised in his applicalion for a lease under this Act or of the land purchased by him under this Act, subject to the following conditions:-
( a ) The sublessee shall be a qualified person;
( b ) The sublease shall be in writing, anc! in duplicate, and one copy thereof shall be registered at the warden's office.
Any sublessee may, with the approval of the Minister and the consent of the lessee, transfer o r sublet his sublease: Provided that every such transfer or sublease shall be in writing, and in duplicate, and one copy thereof shall be registered at the warden's office.
( 2 ) If the sublessee of the whole of a miner's homestead exceeding in area five acres does not occupy the land by the residence thereon of himself or some qualified person, the lessee shall be deemed to have committed a breach of condition.
( 3 ) Provided that in the case of a miner's homestead lease the first period of thirty years of which has expired, the lessee may sublet the whole or part of his miner's homestead, and the sublessee with the consent of the lessee may transfer, sublet, or mortgage his sublease.
The Minister's apprsval shall not be necessary in respect of such sublease, transfer, or mortgage, but the sublessee or transferee shall be a qualified person.
MINERS' HOMESTEAD LEASES ACTS, 1913 7'0 1965 SS. 26-28 13
Every such sublease, transfer, or mortgage shall be in writing and in duplicate, and one copy thereof shall be registered at the warden's ofice: a registration fee of one dollar shall be paid on such transfer.
(4) In respect of any and every sublease there shall be payable a registration fee of one dollar and, for endorsing a memorial of the sublease on each and every lease included therein (whether the same has been issued or shall thereafter be issued), an additional fee amounting to twenty-five cents for each and cvery one of those leases.
As amended by Mining Acts ~ r n e n d m e n t Act of 1930, s. 30; Act of 1947, 11 Geo. 6 No. 30, s. 8; Act of 1951, 15 Geo. 6 No. 32, s. 4; Act of 1964, No. 9, s. 4.
Decimal currency refel-ences s ~ ~ b s t i t ~ ~ t e d pursuant t o section 7 of Decimal Currency Act of 1965.
26. Transfer of miner's homestead lease. 1898, s. 87. A miner's homestead lease or miner's homestead perpetual lease (as the case may be), or an application therefor, may be transferred by the lessee signing an instrument of transfer in the prescribed form and paying a fee of one dollar. But no such transfer of a lease shall have any effect unless or until it has been approved by the Minister:
Provided, however, that the Minister's approval shall not be necessary in the case of a transfer of a miner's homestead lease the first period of thirty years of which has expired.
Every transfer shall be entered in a book to be kept for that purpose, and the warden or other officer of the Mines Department authorised by the Minister shall endorse a certificate of transfer upor1 the back of the lease:
Provided that the transferee shall be a qualified person.
The transferee shall be liable to all the obligations of a lessee.
As amended by Mining Acts Amendment Act of 1920, s. 26 ( i v ) , (xiv);
Mining Acts Amendment Act of 1929, s. 23; Mining Acts Amendment Act of 1930, s. 31.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
27. Transfer by sheriff when lease taken in execution and sold. 1898, s. 88. When a miner's homestead lease or miner's homestead perpetual lease (as the case may be) is taken in execution under the judgment of a court of competent jurisdiction and sold, the sheriff or other proper officer shall execute a transfer of the lease to the purchaser at such sale; and upon production of the transfer at the warden's office and payment of a fee of one dollar, the lease shall be transferred to such purchaser accordingly :
Provided that the purchaser shall be 9 qualified person.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv); Mining Acts Amendment Act of 1929, s. 24.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
28. Stlbdivision of miner9s homestead. Any lessee may, with the approval of the Minister and upon payment of the fee of two dollars, transfer any part of the lease, not being less than one quarter of an acre in area if such homestead is within a city, town, or township, and in any other case not being less than such area as the Minister may approve, to any qualified person. Provided that, with the sanction of the Minister, upon the report of the Warden in any special case in respect of a township which has been in existence for a period of not less than twenty years, the minimum area which may be transferred shall be twenty perches:
C
14 s. 29 MINERS' HOMESTEAD LEASES ACTS, 1913 T O 1965
Provided further 'that no subdivision of a mincr's homestead shall be sanctioncd which would reduce such homestead to an area of less than twenty perches.
T h e application for approval shall be accompanied by correct plans and descriptions showiqg the proposed division of the miner's homestead, and certified by the miping surveyor or a n authorised surveyor.
A n endorsement 'shall be made on the original lease showing the portion so transferred, and the transferee shall be entitled to a fresh lease of such portion.
In respect of any and every subdivisional plan as aforesaid, an examination fee amounting to four dollars for each and every subdivision comprising an area capable of being transferred set out in that plan shall be payable.
In the case of a miner's homcstead perpetual lease, the rent of the portion so transferred shall be at the same rate as that reserved under the original lease, and the original lessee shall be entitled to a proportionate reduction of rent in respect of the portion so transferred, subject to and upon payment of a fee of two dollars ten cents.
I n the case of a miner's homestead lease, the rent of the portion so transferred shall, during the residue of the first period of thirty years of the original lease, be at the same rate as that reserved under the original lease; and after the expiration of that period the rent shall be ten cents, and n o more, if demanded; during the residue of the said period the original lessee shall be entitled to a proportionate reduction of rent in respect of the portion so transferred.
As amended by Mining Acts Amendment Act of 1920, s. 26 ( x v ) ; Mining Acts Amendment Act of 1929, s. 25; Mining Acts Amendment Act of 1930, s. 32;
Act of 1951, 15 Geo. 6 No. 32, s. 5.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
29. ( I ) Mortgages and subleases. 1898, s. 90. The following provisions shall apply to mortgages of miners' homesteads or sublease:
thereof.
(2) A miner's homestead or sublease thereof may be charged or made security for the payment of a sum of money.
( 3 ) Schedule. When it is intended to be so charged, the lessee o r sublessee shall execute a memorandum of mortgage in the form in the Schedule to this Act or to the like effect.
The memorandum shall be in duplicate, and one original shall be registered in the warden's office.
In the event of several mortgages of the same miner's homestead or sublease, they shall take effect according to priority of such registration.
In respect of any and every registration of a mortgage as aforesaid there shall be payable a registration fee of fifty cents and, for endorsing a memorial of the mortgage on each and every lease subject thereto, an additional fee amounting to twenty-five cents for each and every one of those leases.
(4) A mortgage may be transferred.
In respect of any and every registration of a transfer of a mortgage, there shall be payable a registration fee of fifty cents and, for endorsing a memorial of the transfer of the mortgage upon each and every lease subject to that mortgage, an additional fee amounting to twenty-five cents for each and every one of those leases.
MINERS' HOMESTEAD LEASES ACTS, 1913 TO 1965 s.29 15
( 5 ) Effect of mortgage. 1898, s. 911. A memorandum of mortgage shall have effect only as a security for the sum of money intended to be secured by it, and shall not take effect as an assignment of the lease or sublease. The mortgage shall cover all buildings and improvements of the lessee or sublessee upon the land, whether affixed to thc soil or not.
( 6 ) Rights of mortgagee. 1898, s. 92. If default is made in the payment of the money secured by the mortgage according to its tenour, o r upon the happening of any event which according to the terms of the mortgagc entitles the mortgagee so to do, he may-
( i ) Enter upon and take and retain possession of the miner's homestead or sublease thereof for any period not exceeding one year, or for such further period not exceeding one year as the warden may in any case allow;
(ii) Sell the miner's homestead lease or sublease thereof o r miner's homestead perpetual lease or sublease thereof (as the case may be) by public auction to a qualified person after not less than thirty days' notice of the intended sale published in the Gazette and some newspaper generally circulating in the mining field, or, if he is unable to obtain by such auction a sum sufficient to pay or discharge the debt or liability then due to him, sell such lease or sublease to a qualified person by private contract:
Provided that-
( a ) The mortgagee, if he is a qualified person, shal! at such auction be at liberty to bid for and purchase such lease or sublease.
( b ) If after sale there remains a balance of purchase money, the mortgagee shall file at the warden's office a statement of accounts, and shall pay such balance into the hands of the warden on behalf of the persons interested-that is to say, to be paid to the mortgagor, or, if there are any other mortgagees, to be paid to them in order of production of the mortgages for registration.
( 7 ) Transfer on sale. 1898, s. 93. Upon a sale under the power of sale hereby conferred, the mortgagee may transfer such lease or sublease to the purchaser in manner hereinbefore prescribed, and the transfer shall be registered in the warden's office upon payment of the fee of one dollar.
( 8 ) This section does not apply in the case of any miner's homestead or sublease thereof mortgaged under "The Agricultural Bank Acts, 1923 to 1929," o r "The State Advances Act of 1916," or "The Workers' Homes Acts, 1919 to 1925," or any Act amending o r in substitution of those Acts.
As amended by Mining Acts Amendment Act of 1920, s. 26 (iv), (xvi);
Mining Acts Amendment Act of 1929, s. 26; Mining Acts Amendment Act of 1930, s. 33; Act of 1951, 15 Geo. 6 No. 32, s. 6.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
Acts referred to:
Agricultural Rank Acts, 1923 to 1929; see Co-ordination of Rural Advances and Agricultural Bank Act 1938-1969.
State Advances Act of 1916; see now State Housing Acts, 1945 to 1966.
Workers' Homes Acts. 1919 to 1925, repealed.
16 ss. 29A-29C MINERS' l1OMESTEAD LEASES ACTS, 1913 TO 1965
2 9 ~ . Dealings by minors. Notwithstanding any Act o r rule o r practice of law, any person of the age of eighteen years but under the age of twenty-one years, and who is otherwise a qualified person, may acquire, transfer, sub-lease, mortgage or otherwise deal with any mirier's homestead or any interest therein or with any interest in any land the subject of an application or purchase made under this Act, or may agree so to do, to the same extent and as fully and effectually in law as if he were of the age of twenty-one years, and every agreement, transfer, sub-lcase, mortgage or document evidencing any acquisition or other dealing with the same whereto such person is a party, shall be legally binding upon such person and enforceable by or against him accordingly.
Inserted by Act of 1964, No. 9, s. 5.
2 9 ~ . Registration of Easements. (1) Where in the opinion of the Minister it is dcsirable to permit the registration of an easement affecting any land comprised in a miner's homestead, whether as between the Crown and the lessee, or as between the lessee and any other person, or as amongst the Crown and the lessee and any other person, the Minister may approve that such easement be registered in the appropriate register kept in the warden's office.
The application shall be accompanied by-
( a ) the instrument of such-easement or, where such instrument has been lodged with the Registrar of Titles or the Registrar of Dealings, a copy of such instrument; and
( b ) correct plans and descriptions showing the proposed easement certified to by an authorized surveyor.
Upon registration of an easement, the miner's homestead affected by the easement shall be subject to the easement as an encumbrance running with the land.
Every easement so registered shall be noted on the instrument of the lease of the land for the purpose of being annexed to or used and enjoyed together with which it has been created.
Upon the registration of an easement, the instrument of such easement or, where such instrument has been lodged with the Registrar of Titles or the Registrar of Dealings, a copy of such instrument shall be retained in the warden's office and a copy thereof, endorsed as to registra- tion, shall be forwarded by rhe warden to the Department of Mines.
(2) Whenever any easement affecting land comprised in a miner's homestead is created for the purpose of being used and enjoyed by the Crown in right of this State, any Crown corporation o r instrumentality of this State, or corporation or instrun~entality representing the Crown in right of this State, or any Local Authority, such easement may be registered in the warden's office notwithstanding that it is not being annexed to or used and enjoyed together with any other land whether under the provisions of this Act or not.
(3) When the Crown is the grantee of an easement the Governor in Council may autliorize the Minister to execute on behalf of the Crown any instrument or deed by which such easement is crieated and execution as aforesaid shall be good and sufficient execution on behalf of the Crown.
lnserted by Act of 1965, No. 56, s. 4.
29c. Noting of Easement on Title, etc. ( I ) Whenever ally easement- ( a ) affecting any land under the provisions of "The Real Property
Acts, 1861 to 1963," or any land comprised in a reserve or holding under the provisions of "The Land Acts, 1962 to
MINERS' HOMESTEAD LEASES ACTS, 19 13 TO I965 s. 30 17
1965," is created for the purpose of being annexed to or used and enjoyed together with any land comprised in a miner's homestead under the provisions of this Act;
( b ) affecting any land comprised in a miner's homestead is created for the purpose of being annexed to or used and enjoyed together with any land under the provisions of "The Real Property Acts, 1861 to 1963," or any land comprised in a reserve or holding under the provisions of "The Land Acts, 1962 to 1965",
the Registrar of Titles or the Registrar of Dealings, as the case may be, shall, when he shall have notice thereof, note such easement upon the folium of the register book constituted by the existing grant or certiticate of title of the land under the provisions of "The Real Property Acts, 1861 to 1963," or on such lease, license or instrument under "The Land Acts, 1962 to 1965," affected thereby in such manner as to preserve its pr~ority or enter a memorial of the instrument crcating such easemen1 upon the folium of the register book constituted by the existing grant or certificate of title or, as the case may be, on such lease, license or Instrument for the purpose of being annexed to or used and enjoyed together with which, such easement has been created.
( 2 ) A n easement mentioned in subsection ( 1 ) of this section shall not be registered in tne warden's office until the Registrar of Titles or, as the case may be, thc Registrar of Dealings has noted such easement or-, as the case requires, entered a r ~ ~ e m o r i a l of the instrument creating same as prescribed by the said subsection ( E )
.
( 3 ) Every Instrument creating any easen~ent mentioned in sub see ti or^
( I ) of this section shall be lodged in triplicate in the Real Property Office or, as the case may be, the Department of Lands anu the Registrar of Titles or the Registrar of Dealings shall forward two copies of such instrument to the warden as soon as may be after he has noted the easement or, as the case requires, entered a m e m o r ~ a l of such instrument upon the folium of the register book constituted by the existing grant o r certificate of title or on such lease, license or instrument of the land concerned.
The registration fee prescribed by the regulations under this Act shall be paid to the Registrar of Titles or the Registrar of Dealings wher~
the instrument of easement is lodged in triplicate in his office in addition to the registration fee payable to hirn and the firstmentioned fee shall be remiitcd to the warden with the copies of the instrument.
( 4 ) The term "easement" where used in this section and in section 29s of ihis Act includes a right of way.
Inserted by Act of 1965, No. 56, s. 4.
Acts referred to:
Land Act 1962-1968.
Real Property Acts, 1861 t o 1963.
30. ( 1 ) Forfeiture for fraud, etc. Lands acquired by any evasion of o r fraud upon this Act shall be liable to be forfeited.
(2) Forfeitlare for breach of conditioms, Upon the breach of any of the conditions to which a miner's homestead lease o r miner's homestead perpeltual lease (as the case may be) is subject, or in any case where any land is held in violation of this Act, o r upon any mortgage, subletting, transfer, or assignment which is contrary to this Act, whether by operation of law o r o t h e n ~ i s e , the lease shall be liable (to be forfeited.
As amended by Mining Acts Amendment Act of 1920, s. 26 ( i v ) ; Mining Acts Amendment Act of 1929, s. 27.
31. ( 1 ) Norr-payment of rent. Forfeiture of a miner's homestead lease o r miner's homestead perpetual lease (as the case may be) for non- payment of rent shall ensue in accordance with the provisions hereinbefore set forth.
(2) Acceptance of payment no waiver. The acceptance by or on behalf of the Crown of any rent or other payment under any lease shall not be held ,to operate, after the commencement of this Act, as a waiver by the Crown of any forfeiture o r liability to forfeiture incurred.
As amended by Mining Acts Amendment Act of 1920. s. 26 (iv); Mining Acts Amendment Act of 1929, s. 28.
32. Homesteads, how forfeited. If at any time the warden has reason to believe that a miner's homestead lease o r miner's homestead perpetual lease (as the case may be) is liable to be forfeited for any cause other than the non-payment of rent, he shall cause to be served upon the lessee, either personally or by posting it addressed to him at the homestead, a notice in writing specifying the alleged cause of forfeiture, and calling upon the lessee to appear upon the hearing of the matter at the sitting of the warden's court held next after the expiration of thirty days from the service of the notice.
The warden shall proceed to hear the matter at the said sitting of his court or at some adjournment thereof, and shall forward the evidence with his report and recommendation to the Minister, who, if satisfied that liability to forfeiture has been established, may recommend that the lease be forfeited, and such forfeiture may be declared by the Governor in Council.
As amended by Mining Acts Amendment Act of 1920, s. 26 ( i v ) ; Mining Acts Amendment Act of 1929, s. 29.
33. Forfeitures to be notified in the "Gazette." Every forfeiture of land under this Act for any cause shall be notified by the Minister in the Gazette, and shall take effect from the date of the notification.
34. Consequence of forfeiture or other premature determination of lease, etc. If a miner's homestead lease or miner's homestead perpetual lease (as the case may be) of any land is determined by forfeiture or other cause-
( i ) The land shall revert to His Majesty and become Crown land, and may be dealt with accordingly, and the late lessee shall not be entitled to the return of any moneys paid by him as rent o r survey fee o r otherwise howsoever.
(ii) If there are upon the land any improvements, such improvements shall, as from the date when such forfeiture takes effect, be deemed to be vested in the Crown; but the late lessee shall be entitled to receive the value of such iinprovements which is received by the Crown from an incoming lessee o r purchaser, after the amount of all money due by the late lessee to the Crown on any account whatsoever has been deducted.
.As amended by M i n i n ~ Acts Amendment Act of 1920, s. 26 ( i v ) ; Mining Acts Amendment Act of 1929. s. 30.
35. (1) Right of miners preserved. 31898, s. 94. Any holder of a miner's right may apply for and take up for mining purposes, in accordance with the Principal Act, any land comprised in a miner's
