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The history as to reservation of minerals from grants of land in fee simple by the Crown in the Colony of Victoria is As to mines as shortly stated above. The chief mineral product

on private of the country being gold, the reservation of that property. mineral from all grants by the Crown has been a matter of great importance, and has resulted in legislation designed to render the reservation effective. As a matter of fact it is understood that since 1884 no lands then known to be auriferous have been alienated in fee simple, such alienation having been absolutely forbidden by section 66 of the Land Act passed in that year, which prohibition is continued by the corresponding section of the "Land Act, 1890."

Under "The Mining on Private Property Act, 1884," power was given to the owner of any private land, who had by himself or his agent mined for gold on such land within 6 months before the passing of the Act, to obtain a mining lease of an area of such land not exceeding the area authorised by the regula tions therein referred to, and to have priority in his application within six months from the passing of the Act, subject to

1

1 Repealed, but practically re-enacted by "The Mines Act, 1890."

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which a lease might be issued to any other person, and lessees from the owners of private lands of the right to mine for gold or silver on such lands at the date of the Act, on registering their leases, were given for a limited period priority over other applicants for leases of such lands. If the lease was applied for by a third party, the owners and occupiers were to be entitled to compensation for damage to the surface and for severance and for all consequential damage, the amount to be determined by agreement or before a Warden or in the Court of Mines of the mining district in which the land taken possession of was situate. The owner was at liberty to agree with the lessee for the payment of a percentage, as royalty, on all gold extracted in lieu of compensation in any other form. The Act also provided that if mining operations were not commenced or were allowed to cease under a lease for the term of one year, the land was to revert to the owner. The Act also contained power for the Governor in Council to grant leases for the purpose of constructing necessary easements over private lands for the working of any gold mine, subject to compensation as aforesaid; land used as the site of buildings and for other specified purposes was not to be granted under the provisions of the Act, unless the freehold was purchased. Regulations incorporated in the Act provided for the hearing of objections to applications for leases and otherwise. The regulations incorporated in the Act of 1890 have since been amended (by Regs. dated the 20th Feb. 1893), providing as to the form of lease for mining on private lands.

As before mentioned, the legislation in the Colony of Victoria has been very voluminous, which fact is no doubt attributable in As to mines some degree to the altered conditions under which on Crown gold mining has been carried on since the early days lands. of the Colony. In these days a considerable amount of capital has to be employed both in deep sinking and in erecting plant for the treatment of the quartz and extraction of the gold. For this reason the area which can be taken up by the holder of a miner's right on Crown lands is much larger than was formerly the case, and several claims can be "consolidated SO as to form one large tract of ground.

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The majority of the quartz-reefing mines are understood to be held under lease as the tenure is more secure, and the claim cannot be so easily "jumped" on the non-fulfilment of any of the conditions of holding as in the case of mere "claims.'

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The Statute now regulating the subject of mining on Crown lands is "The Mines Act, 1890," 54 Vict., 1120 (as amended by

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two Acts passed in 1891 and two Acts passed in 1892), which Act in fact consolidates all the Acts in force in the Colony at the date of the Act not only relative to mining on Crown lands, but also relative to gold mining on private lands. The general provisions of this Act relative to miners' rights and mining leases, licenses to search for metals and minerals other than gold, mining administration and otherwise, do not differ sufficiently from those in force in New South Wales to render it necessary to refer to them in much detail here, though some details will be found in the table given on p. 307. It may, however, be observed that no one is entitled to occupy land on a goldfield as a "residence area (by which term is meant any Crown land on any goldfield not exceeding one acre in extent occupied by the holder of a miner's right or business license), unless such person is registered as the holder of such area, and of a miner's right or business license. A business license costs as much as £5 per annum.

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The "Mines Act, 1890," contains certain provisions as to the drainage of mines, under which the owners of pumping machinery may require contribution from the owner of any mine for the drainage thereof with power to enforce such contribution through a warden.

Under "The Mines Act, 1891" holders of residence areas who have erected buildings or other improvements thereon, and been in possession thereof for at least two and a half years, have the option of purchasing the same if they should not be required for mining or public purposes; but such sale is only to include the surface, together with the earth below the same, down to such a depth, not exceeding 100 feet, as the Governor in Council shall determine.

Under "The Mines Act, 1891 (No. 2)," sec. 3, all gold and silver, and all metals, minerals and mineral ores on or below the surface of all land in Victoria not theretofore alienated from the Crown in fee simple are to remain the property of the Crown, subject to the provisions of the Mines Acts, notwithstanding that such land may at any time be alienated from or licensed or leased by the Crown; and, by sec. 5, power is given to the Governor to grant mineral licenses to search for and mineral leases to mine for minerals other than gold on any land alienated by the Crown in fee simple after the commencement of the Act (on March 1, 1892), or licensed or leased either before or after such commencement and to erect and occupy mining plant or machinery thereon, compensation being paid for surface damage to be done to such land by mining thereon (sec. 5), with power for a warden to

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hear and determine questions arising as to such compensation (sec. 19).

Under "The Mines Act, 1892" (Stat. of Victoria, 56 Vict., No. 1263) the Governor in Council is not to except residence areas from occupation which are in fact occupied by the holder of a miner's right or business license, unless the holder shall receive compensation for the value of his interest in such area and of any buildings or improvements erected or made thereon.

The "Mines Act, 1890" also contains provisions as to the regulation of Mines and Mining Machinery, resembling the legislation on the same subjects of the other Australian Colonies; it also contains somewhat special provisions as to an "Accident Relief Fund" arising from public subscriptions, for the benefit of persons who were injured by an accident which occurred in the New Australasian Mining Co.'s mine at Creswick in the year 1882, under which trustees were incorporated for the purpose of dealing with the surplus of such subscriptions, and with any other moneys which might thereafter be voted by Parliament or subscribed by the public, for the relief of sufferers from mining accidents in Victoria. The law relating to Companies, including mining companies, is consolidated and fully set out in "The Companies' Act, 1890," (54 Vict., c. 1074).

Import duties on minerals and manufactures of minerals.

Import duties are charged in Victoria on certain minerals and manufactures of minerals, e.g. :

Charcoal and coal (ground), 20 per cent. ad val.

Lead, sheet and piping, per cwt. 2s. 6d.

Metals, manufactures of, and machinery N.E.S. (except portable engines), 35 per cent. ad val. Some manufactures of metals and machinery are, however, free.-Return of Colonial Tariffs, presented to Parliament June 1891.

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As to private lands.

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Up to the present time no reservations of minerals appear to have been made out of grants of land in Western Australia beyond that mentioned above. Before 1890 power was reserved to Her Majesty by the As to Crown Imperial Act, 18 and 19 Vict., c. 56, to make regulations as to the sale and disposal of the waste lands of the Crown in Western Australia, and under this power the regulations appear to have been made which are mentioned above. By the Western Australia Constitution Act, 1890" (Imp. Stat. 53 and 54 Vict., c. 26), s. 3, the entire management and control of the waste lands of the Crown in the Colony of Western Australia and of the proceeds of the sale, letting and disposal thereof, including all royalties, mines, and minerals, were vested in the Legislature of that Colony. By this Act the power before referred to as being reserved to Her Majesty of making regulations was taken away, and power was given to the new Legislature to repeal or make new regulations, but the regulations then existing were to continue in force unless repealed, and the Acts of the Legislative Council of Western Australia, entitled the Gold Fields Act, 1886, and the Gold Fields Act Amendment Act, 1888, were directed to take effect as if they were such regulations as aforesaid, and the subject of gold mining appears to be still regulated under the last-mentioned Acts. New regulations for the management of goldfields were made on the 4th October, 1892, to come into force on the 1st November following. Some details of the regulations respecting gold mining leases are given in the table, p. 307 post. In other respects the regulations appear to be similar to those of

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