Payment for improvements. 8. 145. Goldfields Act-Amendment. as a market garden area, any improvements thereon shall be deemed a performance of the obligations of the lessee under section eleven, so far as such improvements may extend. 14. NO improvements shall be deemed made pursuant to this Act, nor shall any payment or valuation be made in respect See Land Act, 1898, thereof, unless the Minister shall be satisfied that the same were made bona fide for the purpose of improving the land, and unless the same shall consist of wells of fresh water, reservoirs, tanks. or dams of permanent character and available for the use of stock; or of dwelling houses or buildings for industrial purposes; or of sheds and buildings erected for farm or shearing and station purposes; or of cultivation, sub-division fences, clearing, grubbing, draining, ring-barking (at not more than Two shillings and sixpence per acre), or any improvement for maintaining or improving the agricultural or pastoral capabilities of the land. Rent payable. See Queensland Mining Act, 1898, s. 84. Transfer of miner's homestead lease. Ibid., s. 87. Transfer by sheriff in execution and 15. THE rent reserved by a miner's homestead lease shall be as follows, that is to say: If the area thereof does not exceed twenty acres, an annual rent at the rate of Two shillings for every acre or part of an acre, and if the area thereof exceeds twenty acres, an annual rent at the rate of Sixpence for every acre or part of an acre, shall be payable during the first twenty years. of the lease, and thereafter the rent payable in respect of such lease shall be an annual rent of One shilling and no more on the first day of January in every year, if demanded: Provided that the minimum annual rent for the first twenty years to be reserved by any lease shall not be less than Ten shillings. 16. A MINER'S homestead lease may, subject to the approval of the Minister, be transferred by signing an instrument of transfer in the prescribed form and paying the prescribed fee: Provided that no person shall be entitled to transfer any homestead lease to any person not entitled to apply for the same under section four of this Act, unless such lease shall have been in existence for a period of ten years prior to the date of such transfer, and that the transferee must be a person otherwise qualified under this Act. 17. WHEN a miner's homestead is taken in execution under when holding taken 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 registration of the transfer, and sold. Goldfields Act—Amendment. and payment of the prescribed fee, the lease shall be transferred to such purchaser accordingly: Provided that the transferee shall be the holder of a miner's right, subject to the proviso in section sixteen. Rights of miners to 18. (1.) ANY miner may mark off, apply for, and take up for mining purposes, in accordance with the provisions of the principal work leased land. Act or the Mineral Lands Act, 1892, and the regulations thereunder Ibid., s. 94. respectively, any land comprised in a miner's homestead in the same manner as if the land were unoccupied Crown land. (2.) A gold mining or mineral lease may be granted under the principal Act or the Mineral Lands Act, 1892, of land comprised in a miner's homestead. But in any such case the lease shall be of the mines under such land only, and not of the surface of the land. (3.) When land comprised in a miner's homestead is taken up for mining purposes, or is included in a gold mining or mineral lease, the person entitled to mine thereon or therein shall be entitled to erect, maintain, and remove buildings and machinery, sink shafts, and carry on all necessary mining operations upon the surface of the land comprised in the claim, gold mining or mineral lease, and shall also be entitled to access to the mines through the residue of the land comprised in the miner's homestead. land. 19. IN any of the cases mentioned in the last preceding section, the lessee may call upon the Warden to assess the value of the Compensation for damage likely to be done to any improvements upon his homestead, Ibid., s. 95. and the Warden may thereupon, if he think fit, require the miner or applicant for a gold mining or mineral lease working, or about to work upon the land, to deposit in his hands the amount of the damage which the working is likely to do to the lessee, and until such payment is made the miner or applicant for a gold mining or mineral lease shall not be entitled to work upon the land. Upon the receipt of the amount so required to be deposited, the Warden shall hold the same as security to be paid either wholly or in part to the lessee if he sustains any damage, or to be returned to the miner or applicant for gold mining or mineral lease on his leaving the land if he does no damage. In assessing such damage only actual injury to improvements shall be taken into account, and no compensation shall be allowed for the value of the land or the lessee's interest therein. When a lessee has received any money by way of compensation for injury to improvements, he shall not afterwards be entitled to claim compensation in respect of the same improvements, but shall be entitled to claim for additions made to them after the time when he received such compensation. 20. Appointment of Protection of mining Resumption. Amount of compensation. Miner's homestead Goldfields Act-Amendment. 20. IF, in any case in which the Warden has been called on to assess the damage sustained by a lessee through the operations of any miner or applicant for a gold mining or mineral lease working on the land comprised on his lease, either party is dissatisfied with his decision, such party may require that the question be referred to arbitration. An application for arbitration shall be made within forty-eight hours after the decision of the case by the Warden, otherwise it shall not be entertained, and shall be in writing, addressed to the Warden, and a copy thereof shall be delivered by the applicant to the other party concerned, and shall, on such delivery, be equivalent to a submission in writing by both parties of the matters in dispute to two arbitrators, who are to appoint an umpire. 21. WHEN a miner or gold mining or mineral lessee has put up any building or other erection, or put down a shaft upon land comprised in a miner's homestead lease, and afterwards leaves the land, the homestead lessee shall not remove or destroy such building, erection, or shaft without the sanction of the Warden. Any lessee offending against the provisions of this section shall be liable to a penalty not exceeding One hundred pounds. 22. THE Governor may, after six months' notice to the lessee, resume the whole or any part of a miner's homestead. Subject to the power of resumption reserved by the lease, upon any such resumption, the lessee shall be entitled to compensation, and the amount of such compensation shall be determined in the manner prescribed by the Land Resumption Act, 1894, for determining compensation for land taken under that Act. 23. NO land held as a miner's homestead lease under this Act shall be deemed to be private property within the meaning of the deemed private land Mining on Private Property Act, 1898. lease not to be within 62 Vict., No. 29. Limitation of Act to certain goldfields. Amendment of 59 Vict., No. 40, s. 7. Amendment of s, 13. 24. THE foregoing provisions shall apply only to such goldfields, or to such portions thereof, as the Governor may by order in Council from time to time direct. 25. SECTION seven of the principal Act is amended by adding at the end thereof the words "or abolish such goldfield." 26. SECTION thirteen of the principal Act is amended by inserting after the word "created," in the fourth line, the word "therein." 27. 27. Goldfields Act-Amendment. SECTION fifteen of the principal Act is amended by striking out the first and second lines thereof to and including the Amendment of s. 15. words" to be issued," and by inserting in lieu thereof " The Minister, and every Warden, and all persons appointed for such purpose by the Minister, whether individually or in virtue of their offices, may issue documents." 28. SECTION sixteen of the principal Act is amended by Amendment of s. 16. inserting in the eighth paragraph, after the word "occupy," the words "in localities approved by the Warden." 29. SECTION eighteen of the principal Act is amended by Amendment of s 18. striking out the words "the lease," in line five, and by inserting "any "in lieu thereof, and striking out the words "lease" and "transferred," in lines eight and nine thereof respectively. 30. SECTION nineteen of the principal Act is amended by Amendment of s. 19. striking out the words, at the beginning of the section: "It shall be lawful for the Governor to appoint such persons as he may think fit to," and inserting in lieu thereof, "The Minister, and every Warden, and all persons appointed for such purpose by the Minister, whether individually or in virtue of their offices, may," and the said section shall be deemed to have been originally enacted as now amended, and by inserting in sub-section two, after the word "occupy," the words "in localities approved by the Warden;" and by adding at the end of the same sub-section the following words :"But no business area shall be granted within a distance of three miles from any gazetted townsite without the approval of the Minister." 31. SECTION twenty-three is amended by striking out all the words after "regulations," in the tenth line, and by inserting in lieu thereof, "provided that where such lands are within a municipality, a copy of such application shall be served on the Mayor of the municipality by leaving same at the office of the Town Clerk, and shall also be posted at the Warden's office." The Minister, on receipt of any application under this section, shall cause notice of such application to be published in the prescribed manner, and no authority to mine shall be granted if any valid objection is lodged within thirty days after the receipt of such application. With each such application the sum of Ten pounds shall be deposited to meet the cost of publishing notice thereof, and of inspecting and reporting on the land applied for. 32. SECTION thirty of the principal Act is amended by striking out the word "he," in line six thereof, and by inserting the words Amendment of s. 23. Amendment of s. 30. See Victorian Mines Goldfields Act-Amendment. words "the holder may register the land as improved. On such registration being effected the holder, in the event of the land being thrown open for sale," and by adding at the end of the section the words, "Such notice shall be deemed duly served if inserted in the Government Gazette, and sent by post to the holder at his address (if any) appearing in the register." 33. SECTION thirty-five of the principal Act is amended by Act, 1890, section 67. adding after the word "thereto," in line ten, the words:-" Provided also that a lease may be granted notwithstanding that the person applying for the same may not in all respects have complied with the Regulations, and no such non-compliance shall affect any lease already granted.' 34. SECTION thirty-eight is amended by striking out the Amendment of s. 38. Words" and a copy of the decision of the Court of Appeal certified by him," in the eighteenth and nineteenth lines thereof. Amendment of s. 41. Amendment of s. 42. 35. SECTION forty-one is amended by striking out the words, in the fifth and sixth lines. "may with the like consent be renewed," and inserting in lieu thereof "shall, at any time before the expiration thereof, at the option of the lessee, be renewable for a further period of twenty-one years." 36. SECTION forty-two is amended by striking out all the words after "Gazette" in the tenth line. 37. SECTION forty-five is amended by striking out, in the Amendment of s. 45. second, twelfth, thirteenth, and fourteenth lines, the words "or application for lease" wherever they occur, and by striking out, in line thirteen, the words "as the case may be," and all the words after "case," in the twenty-fifth line. 38. SECTION forty-six is amended by striking out, in the Amendment of s. 46. second line, the words "or application for lease." Amendment of s. 53. 39. SECTION fifty-three is amended by inserting, after the word "proceeding," in the first line, the words "under the jurisdiction conferred by section fifty-two." 40. SECTION sixty-two is amended by inserting, after the Amendment of s. 62. Word "proceeding," in the first line, the words "under the jurisdiction conferred by section fifty-two." 41. |
