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3-309 (Raw)

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author,male,Legislative Council,un addressee
Legal Document
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Government English
Legal English
Clark, 1975
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3-309-raw.txt — 7 KB

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RULES and Regulations made by the Lieutenant Governor and Executive Council respecting the issue of Licenses for Mining and other purposes, under the authority of the Local Act, 17 Victoria, No. 4.
None but Lessees or Licensees under the Act 17-Victoria, No. 4, entitled to mine for gold.
No person who is not the holder of a Lease or License under the Act 17 Victoria, No. 4, intituled "An Act for the better management of the Gold Fields of Victoria," will be permitted to mine for gold, or employ any person to mine for gold in any land whatsoever in the Colony of Victoria.
No person unless provided with a lease or license under the aforesaid Act, will be permitted to carry on or follow any business, or become resident upon any of the Gold Fields or Gold Mines, on waste lands of the Crown, under penalties as follow viz.: - For the first offence, a sum not exceeding five pounds; for the second offence a sum not exceeding fifteen pounds nor less than five pounds; and for the third and every subsequent offence, a sum not exceeding thirty pounds nor less than fifteen pounds.
With the exception of -
1st. Holders of any license 'or' lease for pastoral purposes, within the limits of their own runs.
2nd Officiating ministers of religion and schoolmasters
3rd. The servants of such holders, ministers, and schoolmasters, residing with and being in their actual employment respectively
4th. The servants residing with, and being in the actual employment of holders of Licenses to carry on the business of storekeepers.
5th. All females not mining or trading, and children under fourteen years of age who shall only reside, but not mine on any Gold Field. [14]
All persons recited in the four first divisions of the above exceptions, will, on application to the Commissioners of the Gold Fields or their assistants, be provided with Exemption Tickets, without which they will be liable to the penalties provided by the Act for unauthorised occupation of Crown Lands.
Those recited in the fifth division, however, need not be so provided with exemption tickets.
Licenses to Mine
Licenses to mine will be issued by the Commissioners for the Gold Fields and their assistants, for the periods and at the rates following: - [...]
Licenses for Storekeepers
Licenses to carry on business as storekeepers will be issued for periods and at the rates following: [...]
Licenses to take effect from date of issue.
The licenses will have effect from the date of issue, and are available throughout the Colony of Victoria.
All persons required to take out licenses, are held obliged to do so with all possible despatch after arrival on the Gold Fields, and to produce them whenever demanded by any duly authorised person.
Leases will only be granted within such tracts of auriferous land, r as shall be from time to time proclaimed in the Government Gazette as open to lease, subject to the charges specified in the Act, and such considerations as His Excellency the Lieutenant Governor, with the advice of the Executive Council, may be pleased to publish; and no applications to lease auriferous lands will be entertained, unless for portions of land so proclaimed.
Portions of land which it may be so intended to lease, will, after being surveyed, be described as open to applications for leases at the expiration of not less than six months after the date of such proclamation, and any applications which may be received will be published in the Government Gazette, and the leases submitted to public competition and sold to the highest bidder.
Leases of quartz veins will be granted, and the extent so leased will be not greater than one mile in length of the vein. [15] On application being made for lease of any portion of a quartz vein, the same will be put up to public auction and the lease granted to the highest bidder, subject to such terms as shall be made known previous to sale, in addition to the Royalty cited in the Act.
Licenses and Exemption Certificates
Licenses and Exemption Certificates are not transferable, and any person using or exhibiting a license or exemption certificate originally granted to any other person, or altering any such license or certificate with a view to defraud the revenue, will be subject to the penalties provided for such cases in the Act.
Extent of Claim
The extent of claim to which each license to mine shall entitle the holder, shall be: [...]
beyond which no greater area will be granted under license, except that where it can be proved to the satisfaction of the Commissioners of the Gold Fields or their assistants, that two or more parties of miners taking up claims in the usual manner on worked Or flooded ground, can, by combining, overcome any natural difficulties which may exist, by means not detrimental to the interests of the public or of other Licensees, the Commissioners or their assistants may at their discretion authorise such amalgamation, under the distinct condition that the ground must be worked by the same number of miners, as would be required were it divided into the smaller claims.
Any such amalgamated party must be in possession of a written sanction, to be produced when required. Disputes
All disputes connected with the occupation of lands held under lease or license, whether for mining or other purposes, shall be decided by the Commissioners for the Gold Fields or their assistants.
No Claims to be held in Reserve
No miner, or party of miners, can at one and the same time work more than one claim, or hold such claim in reserve or unworked; and such proceeding will be considered as a relinquishment of right to any claim however much previously worked, unless satisfactory reason, such as sickness, or some other urgent cause can be shown to the Commissioner on the claim becoming subject to a dispute. [16]
Claims not allowed to interfere with Public Interest
No claim will be allowed or granted on any ground, the working or occupation of which the Commissioners or their assistants shall consider injurious to the interests of the public, such as the interference with the supply of water requisite to the wants of the public, the undermining or digging up of roads, or the erection of stores, tents, or buildings, which may obstruct desirable thoroughfares or interfere with mining.
Sluice Washing
Sluice washing will be permitted at running streams, and no sluice washing will be allowed except by special sanction of the Commissioners or their assistants, who will guard against conferring the privilege in places where the permanent supply of water may be injured by the operation.
When a party of miners have obtained permission for sluice washing, they must procure a written sanction from the Commissioner, which is to be produced when required by competent authority.
Permission to work Beds of Creeks and Water Holes
Where the working and clearing of beds of creeks or water holes would be no injury to the public, the Commissioner in charge of the Gold Field may grant permission to parties of miners to undertake the same, The portion of such beds of creeks or water holes allowed to each miner will be ten yards in length, irrespective of the breadth.
The Commissioner in charge will have the power to impose such conditions relative to the working of such beds of creeks and water holes as the interests of the public may require, and, if deemed expedient, to take a deposit from each miner to ensure the due performance of the same.
Half an Acre of Garden Ground may be granted to Annual Licensees
Where it is practicable, the Commissioner may grant to holders of annual licenses (on ground not supposed to be auriferous, but in the immediate vicinity of the Gold Field on which such holder resides) land not exceeding half an acre in extent for the purposes of cultivation.