conditions under for coal-mining lots nor 80 acres for other mineral lots. (2) Leases to be for a Other mineral period not exceeding twenty years, but renewable. (3) Applications to be made, leases and as prescribed by the regulations, to the warden if the land be within a mining which they are district, or if otherwise to the land agent of the district or other officer authorised by granted. the regulations, and to set forth a clear description of the lots proposed to be leased and of the boundary marks or natural features by which they may be identified, when the applicants may forthwith take possession; but the minister of lands reserves the right to determine the boundaries of all lots and all other provisions he may deem necessary for the public interests. (4) Rent is fixed at 5s. per acre, payable annually in advance. (5) Lessees are required to expend at the rate of £5 sterling per acre on their lots within the first three years of the lease, and they may determine their leases by giving to the minister three months notice of their desire to do so. (6) Lessees on application to the secretary of mines in the nineteenth year of their leases may obtain a renewal for a further period of twenty years, subject to a fine of not less than £2 10s. per acre; and full information of the working and returns of the mine are required to be furnished to the secretary of mines by lessees on pain of forfeiting their claim to renewal. (7) If any lease be forfeited and not renewed the lessee has the right within six months of the termination of his lease to remove or otherwise dispose of all machinery and improvements and the minerals brought to the surface during the term of his lease. (8) Upon the breach of any condition of a lease by the lessee the governor may direct the cancellation of the lease. 11. In the event of a dispute arising as to the right to any lease the secretary of mines may appoint a competent officer to make inquiry into the dispute, and should it appear that the property is liable to be prejudiced by the working of the Settlement of minerals therein pending the inquiry the secretary may serve upon either party his injunction for the suspension of all mining operations until the right to a lease has been duly determined in favor of either party. disputed titles. 12. Where some other mineral or metal is found in the land other than that Lessee to give for the mining of which the lease was obtained and there is a desire to mine it, the intention to holder is required to give notice to the secretary of mines and obtain authority to work more than work the same; otherwise his lease is liable to forfeiture and cancellation for a breach of the condition. 13. The governor is authorised to make regulations prescribing the terms and conditions on which rights and licenses may be granted, for enforcing penalties, etc. He is also empowered to call together a mining board consisting of two members appointed by the governor and nine members elected by the people to make regulations for the working of gold mines, subject to the governor's approval, and all regulations so approved have the force of law. one mineral. Regulations. Mining board. Other clauses of The remaining clauses of the act provide for the administration of justice in mining districts by the establishment of wardens' courts, and for the act. penalties and forfeitures for specific breaches of the act and of the regulations under it. Various regulations have been adopted dealing with the mining board, mineral leases of crown lands, water courses, mineral licenses, occupation of reserved lands and the construction of drives under exempted lands, mining under public roads, gold mining leases, practice and procedure in Regulations. wardens' courts and the inspection of mines other than coal and shale mines, all of which are published in the seventh edition of the Mining act, 1888. The regulations of the mining board were published in 1875; they deal exclusively with mining for gold, and with the duties of mining registrars and surveyors. VICTORIA. 1865. The mining laws of the colony of Victoria are embraced in what is known as the Mining statute of 1865, being an act to provide for the manage- Mining statute ment of mining interests and the administration of justice in relation to the same. It consists of 246 sections and is divided into three parts, viz.: (1) mining management, (2) administration of justice, including administra tion under courts of mines and wardens, and (3) penalties. Following is a summary of the provisions of the part relating to mining management : 1. The governor in council may issue to any person applying therefor a miner's Miners' rights. right for any number of years not exceeding fifteen, upon payment of a sum at the rate of 5s. for every year in which it is to be in force, or may issue a consolidated miners' right on the application of a manager or trustee of any company of persons who have agreed to work in partnership any registered claim or claims upon payment of 5s. per year for each person in the company. The holder of a right is entitled to take possession of a parcel of land for gold mining purposes of such extent and with such boundaries as bye-laws made under the statute may define, and may also cut and use the timber upon it and may occupy a plot not more than a quarter of an acre in extent for the purpose of a residence. A claim or share in a claim may be registered upon the production of the miner's right, when it may be assigned, encumbered or transferred subject to any trusts or provisions agreed upon between the parties. Business licenses. Renewals. 2. A business license may be issued to any person applying for it upon payment of £2 10s. for six months or £5 for twelve months, under which the holder is entitled to occupy on any gold field for the purpose of residence and carrying on his business one quarter of an acre of land, but his property in it is deemed a chattel interest. He may transfer the license to any other person for the unexpired period upon expressing his desire so to do before a warden or a justice, and upon payment of a fee of 10s. another business license is granted to the purchaser. 3. A miner's right may be renewed upon payment of a fee of 5s. and a business license upon payment of 25 per cent. of the original fee, and the right of renewal Exempted lands. holds for one month after the date of expiration. The right of occupying exempted lands for occupation under miner's right or business license is the same as under the New South Wales act. Right of property in buildings. mineral leases. Prospector's lease. 4. When land held for business or residence is put up for sale the value of buildings thereon is fixed by arbitration, and the value so ascertained is added to the upset price of the land, when if the holder of the license or right is the highest bidder the value of the buildings is deducted from the amount of his bid, but if any other person become the purchaser then the holder is entitled to receive out of the purchase money the value of his buildings as fixed by the arbitrators. 5. The governor may grant to any person or body corporate a lease of any Gold mining and crown land not otherwise demised under miner's right or business license for the purpose of mining for gold or other mineral, to be known respectively as a gold mining lease or mineral lease; provided, however, that land held for the purpose of a residence under miner's right or business license may be leased upon payment to the holder of compensation for buildings or other improvements upon the property. In the case of a gold mining lease the term for which it may be granted cannot exceed fifteen years, subject to a yearly rent of £1 per acre; and in the case of a mineral lease the area cannot exceed 640 acres nor the period thirty years. Any holder of a miner's right who desires to prospect for gold in any place where sinking through basalt is necessary, and to which no part of any gold workings is nearer than five miles, may mark off an area of one square mile for prospecting work, and in the event of his discovering gold in quantities which the governor in council may consider remunerative the person is entitled to a lease of any selected part of the area not exceeding one hundred acres in one lot (whether occupied by a miner's right or business license or not) at a nominal rent and for such term as the governor in council may determine. Any such license may be surrendered or renewed, with the consent of the governor in council; but in the case of a new lease it shall be at the rent which is then chargeable by law, and subject to the payment of a fine of £10. Leases may also be granted for any water reservoir constructed at the public expense. License to search for minerals and metals other 6. Any person may procure a license to enter upon crown land not demised, or not occupied by the holder of a miner's right or business license, to search for any than gold, and to metal or mineral, other than gold, subject to a fee, rent or royalty fixed by the governor in council. Licenses may also be granted to construct races, drains, dams and reservoirs for a term not exceeding fifteen years. -construct races and reservoirs. 7. A warden may hear objections to the granting of a lease and take evidence relating to an application therefor, and although an applicant may comply with the regulations the granting of a lease or license is not obligatory; but no lease or ing leases. license can be granted until after the lapse of one month after notice of the intention Various pro visions respect to grant it has been published in the government Gazette and in some newspaper circulating in the district within which the land is situate. In case any lease becomes liable to be forfeited by any breach of condition or otherwise, the land may recovered by the crown as may be provided by the conditions or by suit in the court of mines. the governor in 8. The governor in council is authorised to make regulations under the act prescribing the term for which any license or lease is to be held, the amount of Regulations of rent, royalty or fee to be paid, the quantity and shape of the land to be demised, council. the manner in which the land is to be marked out, the mode and time of determining upon applications, the manner of dealing with cases when two or more applications are made for the same land, how leases are to be registered, the conditions upon which leases are to be issued and the privileges to be enjoyed under them, etc.; but no such regulation can have force or efficacy until twenty-one days after it has been published in the government Gazette, and every regulation or change thereof is required to be laid before parliament. Mining districts 9. The governor in council may erect any portion of the colony into mining districts and divide each of such districts into any number of divisions, fix and alter the boundaries of districts and divisions from time to time, and and officers. determine the number of members of the mining board of each district which may be elected for every division; but the number of districts may not exceed seven except upon an address to the governor by the legislature praying for a greater number. The governor in council may also appoint as many officers, clerks and assistants for each district, division or place as may seem right for the making of inspection and surveys and registration of claims and mines, and such other duties as the governor in council may think fit. 10. Each district is empowered to elect a mining board consisting of ten members, a certain number to be chosen by ballot for each division of the district as determined by the governor in council, four of whom retire annually by rotation. None but holders of miners' rights or business licenses resident in a division, twenty-one years of age and subjects of the queen, are eligible for election to the board, and the same qualification is required of voters, each of whom has as many votes as there are members to be returned for his division. The places of meeting for the board are fixed by the governor in council, and a sum of £500 is paid annually out of the consolidated revenue of the colony for apportionment amongst the members of each board according to some scale to be adopted by the board and approved by the treasurer of the colony. The board has power to make bye-laws for the regulation of mining in its district or part thereof within limits prescribed by the act, which if concurred in by the law officers of the crown and published for twenty-one days in the government Gazette acquire the force of law; but any byelaw is revokable by the governor in council for cause. Mining boards. Lands alienated for mining Leases for work The Land act of 1884 provides that no auriferous lands shall be alienated in fee simple, and that all lands alienated under the act are liable to be may be resumed resumed for mining purposes by the governor in council on paying full purposes. compensation to the licensee, lessee or purchaser in fee simple for land and improvements, but not including auriferous value. The governor may also grant leases of any crown land not exceeding three acres for a term not ing mineral springs and exceeding twenty-one years, at a yearly rent of not less than £5, for the manufacturing working of mineral springs and the manufacture of salt. The act further- salt. more provides that in every crown grant of lands alienated in fee simple, as well as in every license or lease demised with the right of acquiring the fee simple, there shall be inserted a condition that the land is granted subject to Miners' rights on the right of any person being the holder of a miner's right or of a mining lease to enter upon it and mine for gold and silver under the same conditions and provisions as those to which such person may mine upon crown lands, provided that payment be made to the owner for surface damage; and any warden may hear and determine any claim for surface damage, subject to appeal to the court of mines. alienated lands. Mining laws. Crown Lands act. purposes. SOUTH AUSTRALIA. The mining laws of South Australia are embraced in three statutes, enacted in the session of 1888, viz.: (1) the Crown Lands act, (2) the Northern Territory mineral act, and (3) the Mining on Private Property act. Under the Crown Lands act lands granted except in pursuance of any agreement for sale made before a certain date in 1886 are not to be construed to convey property in any gold, silver, copper, tin or other metals, coal, oil, gems or precious stones; and the commissioner or any person authorised by him may enter upon lands so granted to search for minerals or work mines, provided reasonable compensation for damage is paid to the owners exclusive of the value of metals or minerals found on the property. Following is a summary of the provisions of the act which relate to leases and licenses for mining purposes: 1. Leases of mineral lands may be granted for mining purposes in blocks Lease of mineral not exceeding 80 acres to any person or company who first applies for it; such lands for mining leases to be for a term not exceeding ninety-nine years, and to entitle the lessee to mine all metals and minerals on the land except gold. In case improvements have been made on the land the person applying for a lease is required to pay into the treasury a sum to be fixed by the commissioner for their value. Rent. Conditions of ease. License to search. 2. The annual rent under a mineral lease is 1s. per acre, besides 6d. in the pound sterling on the net profits of mining works, payable half-yearly; and for the purpose of ascertaining the amount of rent so to be paid the lessee or manager of the leased land is required to make returns to the commissioner certifying the amount of gross and net profit from the working of the leased land for the preceding six months, subject to a penalty of not less than £50 nor more than £500 for a wilfully false return. 3. Every mineral lease contains covenants by the lessee, (1) that he will pay the rent when it becomes due, (2) that he will not without permission from the commissioner use the land for any other purpose than mining and smelting minerals, (3) that he will expend every two years of the term a sum equal to at least £6 for each acre of land comprised in the lease in working the mines, or that during nine months of each year he will keep one man for every twenty acres employed in mining or searching for minerals, (4) that he will forward the returns required by the act, and (5) that he will permit the occupier of any adjoining pastoral lands to have free access to and use of any water on the leased land not provided by artificial means. Every lease also contains a proviso that it is liable to forfeiture upon breach of any of the covenants; but the lessee may surrender his lease on giving notice to the commisioner. 4. The commissioner may grant licenses to search for metals and minerals except gold on any specific mineral lands not exceeding 80 acres in extent, on payment of a fee of 20s.; such license to be in force for one year, and to authorise the licensee during its currency to search and mine the land and take any minerals and metals, except gold, not exceeding one ton (or 20 tons with the consent of the commissioner), for sample and analysis only. But no person can hold more than 80 acres of mineral lands at the same time for this purpose, and he must employ at least one man nine months of the term in searching for minerals, or in mining work. Licenses less stringent in their provisions may also be granted to search on any mineral lands. 5. The holder of a mineral lease is entitled to renewal upon its termination, on Right of renewal. payment of a fine or premium to be fixed by valuation; and in case the lessee does not avail himself of the right of renewal, or on the forfeiture of the lease, it must be offered for sale by auction. Gold mining leases. 6. No mineral license includes or applies to any lands held or occupied for gold mining purposes, but the holder of a gold mining lease is entitled to a preferential right to a mineral lease of the land comprised in his gold mining lease. Any mining company may hold any number being not more than twelve gold mining leases or mineral licenses. 7. The lessees of contiguous lands held under gold mining leases may readjust or alter the boundaries of the lands by taking out new leases for the unexpired term, but no new lease can be granted for a greater area than twenty acres. Northern The provisions of the Northern Territory mineral act are in the main the same as those of the Crown Lands act, saving that specific licenses to Territory act. search for minerals may have a maximum area of 640 acres, and that mineral leases cannot cover more than 320 acres in contiguous blocks nor more than 640 acres in all at one and the same time. perty act. ownership. Claim to lease Under the Mining on Private Property act the governor may provisionally Mining under resume the ownership of any private land for mining purposes for a period of the Private Prosix months upon a written application being made to the commissioner desiring the land to be so resumed, and the certificate of an inspector that it should be resumed for the purpose of mining; and upon the land being Government proved satisfactory for mining purposes the resumption may be made may resume absolute at the end of the period of six months upon payment of the purchase money. The land may then be put under license or lease in the ordinary way. But without the resuming of ownership of the land by the government any person may apply to the owner of any private land for a mining lease of any portion of the land, not exceeding twenty acres, for gold mining. In the private land. event of the owner refusing to grant a lease it becomes the duty of the inspector to examine the land, and if he should report that payable metal exists therein, and that it should be resumed for mining purposes, the owner must either work it himself or grant a mining lease for it upon regular application being made therefor; and in case he refuses the lease may be executed by one of the judiciary officers. The lease is required to be granted Royalty. for a term of twenty-eight years, subject to a royalty of 2 per cent. on the gross money value of the metal raised from the land during the currency of the lease, and such rent for the surface of the land as may be assessed by the nearest local court having jurisdiction in such matters; but if the court is of opinion that any special injury is likely to arise to the land under the lease, it may order that the land be purchased. In case the metal on leased private land has been reserved to the government no royalty is payable to the owner of the land, but the whole must be paid to the commissioner. regulations of sian colonies. In Queensland, Western Australia and Tasmania the mining laws and regulations are in respect of miners' rights, business licenses, mining leases, the administration of justice and inspection essentially like the laws and Mining laws and regulations of Victoria and New South Wales, differing only in details. In other AustralaQueensland the discoverer of a new gold field distant more than twenty miles from any place where payable gold has been previously obtained, on which not less than 200 miners are employed four months after discovery, the government may pay a reward not exceeding £500, and for one on which not less than 500 miners are employed six months after discovery a reward not exceeding £1,000 may be paid. In Western Australia a system of reward claims has been adopted for the discovery of gold, graded according to Rewards for distance from the nearest occupied gold workings, ranging from two claims fields. of one man's ground* if distant over four hundred yards to ten claims if over three miles and to twenty claims if beyond the limits of a gold field. For discoveries of gold in payable quantities in new fields of certain specified *An ordinary alluvial claim for one man is 50 feet square, and a wet alluvial claim is 50 by 100 feet. discovery of ne |