1890.

VICTORIA.

REGULATIONS

RELATING TO

MINING LEASES.

PRESENTED TO BOTH HOUSES OF P .ARLI.AMENT IN .ACCORDANCE WITH SECTION 78 OF THE MINES ACT 1890.

~~ Rutbodty: ROBT, 8. BRAIN, GOVERNMENT PRINTER, MELBOURNE.

No. 163.-[ts.)-8330,

Uv

Preparation-Not given. Printing (i60 copies)

APPROXIMATE COST OF PAPER. £.'·d.

17 15 0

INDEX.

Abandoned leases to be gazetted Application-the, meaning of . . . ..

" " " "

..

for lease, form of notice of. Rule 5 requirements prelimin.,ry to for mineral lease, must specify the particular metal or mineral

lease, form of. Rule !J . .. ... .. in excess of, or les<~ than, that authorized

to be in duplicate ... .. . , form of, for reserved lands. Rule 8 .. . .. ..

, a reserved land mining lease, applicant need not comply with sub-clause A , mining lease of reserved lands, when land is vested in l~ailways Commissioners

to be accompanied with statutory declan.tion ... ... ... ... ... as to priority of in case of two for same when opposed, of \Varden ... M to refusal, or gmnting of, by Minister duplicate plans, reports, &c., how disposed of ... ... ... ... .. . may be withdrawn by applicant giving notice to Warden ... ... .. for inquiry into non-obsenance of labour covenants or conditions of gold-mining lease

, , , default of applicant not proceeding with .. . , when deemed abandoned ... . .. ... .. .

Applicant-the, meaning of ... ... ... .. . .. . .. . , for lease, what he shall do previous to the application ...

things to be done within seven days previous to the application ... things to be done within seven days after advertising in newspaper entitlerl to take copies or extracts, when ... .. . .. . . .. to attend court ... ... .. . to be notified of the issue- of lease

" " , successful, must execute lease ... ... . .. , docuwents put in by him, how disposed of ... ., deposits, subject to the order of the :\linister or \V m den

Area~ in cases of larger or lesser, than that authorized, how to act , extent of, for gold-mining purposes ... . .. ., n for coal, copper, silver, tin, ironstone, &c.

Attorney-power of, form of. Schedule M. ... ... , ., copy to be left with ·warden , , regigtration of .. . . ..

Award of compensation-form o£. Rule 41 ... ... ... ... .. . Board of J,and and \Vorks, as to applications for a reserved lands mining lease .. . Chinese-exclusion as miners in certain ca,scs ... ... .. . .. .

, a.~ to labour coYenants ... .. . .. . Compensation to be paid for buildings or improvements Claimants-meaning of the term . .. ... ... .. . ... ... . ..

compensation to be paid for buildings or impro.-ements ... .. . .. . if compensation has been arranged for, must give notice thereof to \Varden ...

., compensation, when not agreed upon, to be determined by the 'V ardcn ... , form of award of. Rule 41 ...

Consents from occupiers of land in area ap~llied for ... . .. Copies of documents may be taken by applicant and objectors ... Costs awarded out of de~>osits, apr>licants or ohjeetors ... Court-mode of conductmg the business of

, adjournments of ... ... .. ... ... , after adjournment, \Yard en to forward application, &c . ., closing of, by ·warden ... .. . ... ... . ..

Covenants oflease-breach of, mode of inquiry intrl ... ... ... Day•--calculation of-Snudays, Good Friday, Christmas Day not counted Declaration-form of, under Rules 7 awl 8 Deposits-amount and to whem to be sent

,, additional, to CO\'er costs o£ suryey .. . ... ... .. . ,. in case of inquiry into alleged hretteh of covenants . . ... ... ., . £5 to accompany form of application for a reserved l:tnds mining lease ,, whe1_1 retnrnabl~ (if any) to applicants

forfmted, how disposed of... .. . lodged by objectors, how disposed of forn1 of receipt for. Rules 3 and 14 ... ... ... ... subject to any or<lers which the ::VIinister of :\1ines or \Varden may make

,. surveyor to report to warden as to further de[HJsits ... ... ... Execution of lease-rent and fee to be paU before ... Exhibits-nature of, to accompany application for lease Extracts of documents, applicants or objectors may take . .. ... Fee of £5 in ease of inquiry into non-compliance with labour covenants... ...

., of £1 to be paid for licence to transfer, mortgage, or otherwise deal with lease Fees for surveys-authorized sca.le. Rule 5 (f) .. . ... ... .. . Forfeited leases as to value of work or labour done Form of award of compensation. Rule 41 ...

., declaration required under Rules 7 and 8 , , gold mining lease. Rule 3-l. .. . .. . , for inquiry nnder Hule 53 ... ,. of licence to transfer lease. Rnle 50 ., , licence to work anditionnl metals or n:incrals. Rule 4S

Rule. 35, 36

1 Schedule A.

5 3

Schedule D. 4 7

Schedule E. 5 (See Note)

45 7 9 !J

17, 18 28 38 47 53 59

4,29 1 6

r., 6 7, 8 21 27 30

32,33 38 43 2 2 2 49 49 52

Schedule L. 45 39 39 40 40 40 40 40

Schedule L. 6

21 H l!l

23 24 25 '20'

22, 23 53 1

... Schednle F. 5 (c) 5 (f)

53 Schedt:lc E

43 43 44

Scher!ule B. 43 11

31, 37 7, s 21 53 50

Schedule C. 58

Schedule J, . ,

"

E. H. 0. N . P. G . , , notice to be posted on the land by the surveyor. Rule 12

., ,. notice of application for a mining leasu. Hnle 5 (b) , , power of attorney. Rule 49 ,

Forms printed-how copies are obtained ... 52

A. M.

Form of receipts for deposits. Rules 5 and 14 Schedule B. Gazetting-abandoned applications and void leases 35, 36 Gold-mining leases-form of. Hulc 34 . .. ... .. . Schedule H. Governor in Council-applieations for re?crved lanrls mining lease ... ... ... . .. 45

, , generally .. . ... .. . ... .. . . .. .. . .. . 28, 29, 30, 35, 45..t 50, 56 , , power to declare application abandoned or lease void before execution hy applicant ... ii5

Inquiry before the \Yard on .. . ... .. . . . .. . ... . .. ... .. 15, 16 in cases of non-observance of labonr co\·emmts or of lease, how applied for 53 under Rule 5:3, fonlll to be used Schedule 0. "

A2

iJ.l.

4

Interpretation clause . .. .. . .. . .. . .. . Land-occupier or persons having rights at liberty to object to leMo Loase-interpretatwn of

, form of application Rul~ .9 form of .. ... ... .. for a reserved lands mining, form of application. Rule 8 , gold-mining, form of. Rule 34 ... , mineral, , Rule 34 (a) .. . .. , , form of, for reserved lands mining lease. Rule 34 (b)

, , gold-mining purposes, area allowed ... , , minerals (coal, si! ver, tin, copper, &c.), area allowed . .. .. . , application for, for m~n~ral~, must specify the lMrticular metal or mineral , other than for gold-nmnng ... ... ... , ... ... .. .

Leases forfeited-as to removal of plant, machinery, and tools .. . timber used in shafts, drives, galleries, or adits not to removed

"

, as to value of work or labour done .. ,. through breach of covenants or conditions

ll'ranted according to priority of application ... m case of two or more applicants for same land

, as to official survey ... ... . .. Lease-when refused to be deemed abandoned

whentoissne .......... .. , issue of, to be notified to applicant hy \V arden , before execution of, fee and rent to be paid

Leases-not executed to be declared void .. . .. , .. . ..

... '

, void and abandoned, notice of, to be gazatted . . .. . power of Governor in Council to declare void before execution ... . .. ... ... gold-mining and minerals, to incln<le labour covenants exclnding Chinese (except such as are issued to

Chinese) ... ... ... ... ... ... .., ... . .. , to win other metals or minerals than those specified in the lease, how to apply for , licences to transfer mortgages, underlet, or otherwise dispose of (fee £1)

Lease-registration of .. . ... .. . Licence, form of, transfer of lease. Ruld 50 .. . 1\.finerallease-form of. Rule 34 (a) ... Minerals or metals-form of licence to work <tdditional. Rule 48 ... ... . .. .•• . •• :\'liners' rights--holders of, may apply for land leased for go]d-mi1;1ing purposes upon a breach of the covenants or

conditions of lease ... 1\fonth-means calendar month Mortgage of lease .. . . .. . .. .. . Newspapers--instructions as to advertising in Notices-where to be posted ... ... Notices after survey, by surveyor ... .,, ... Objections to applications-how and when to be made

, to he lodged with the Warden , deposit of £5 to be made , ..

, in case of none, proceeding to be observed .. . Objectors may take copies or extracts of documents .. .

, deposit3, how disposed of ... .. ,., Occupiers of land applied for~ how tu serve notice upon Posts-size, &c., of, and how to be fixed

report of surveyor respecting.,, erection, see note as to sub-clause "

mining lease Power of attorney-registration of ... Printed frmns-copies of, how obtained . .. .. . Railways Commissionero~when lands vested in, steps necessary Re,gnlations-limit of

when to come into force ... ., ... ... ... .. . subject to special powers on occn,sion of granting any particular lease ... . .. .. .

" not t•> apply to applicntions 111<1.de :wd not decermined prior to regulations coming into force Rent-first half-year's, accrues on the date of the lease

, in the case of minerals ... Reserved lancts mining lease-1neaning of ...

, , , form of. Rule 3·1 (b) Royalty in the case of minerals ... Speci11l pnwcr.<~regull1tions ~ubject to Surveys-d.,pooits fur ... Survey-official, warden to take aetion

, n1iuiltg !4tU'\-~e,yor'~ course , after, sul'veyor to pu~St no:ices ". ,.. . ..

Snrveyor-form of notice to be pooted ou the land by the surveyor. Rule 12 Snrveys ~~authorized scale of fees for. Rule 5 (f) Timber used in fol'feited leases llot to he rerw)Ved .. Transfer of !cage-steps tu take therein by lwldere of lease.

, form of licc,nce. ltulc 50 .. . .. . ... , case when licence tu ttansfer i.., not necessary

Void leases to be gazetted... ... ... ... ... 'Varden~application opposed, dutieo in relati<m thereto

breach of covenants, inquiry into

"

"

"

eourt, closing of '"' conrt, holding of ... .. compensatiou till paid lease not to Le executed

awarJ of in case of claims for .. . ... . .. , if previously agreed upon, tu receive notice from claimant ... ... , claims when Hot pl'eviou,ly settbd, to Le decided by ... :.. . ..

documents received in evidencll by, to be retnrnetl after application has been dealt with evidence taken before, to be rectuced to writillg inquiry before the ...

, as to official survey ,.. ... .. . ... .. Work or labonr done to he valued by \Varden in the cake of forfeite.lleases

Rule. 1 7 1

Schedule D. 34

Schedule E. H.

" "

J. K.

2 2 3 2

57 57 58

55,56 ij

10, 11, 12 29 30 30

31,,37 33

35,36 35

:~9 48 50 52

Schedule N. , " 52 1

5Q 5 (b)

5 (c) 12 12 13 13 14

15,16 21 44

5 (d) 5 (a) 11

J. P.

5 (Note) 52 52 45 60 60 51 60 37

34 (c) (d) 1

Schedule K. 34 (c) (d)

51 5 (f)

10. 11 12

Schedule G. Schedule C.

57 50

Schedule N. 50

35, 36 17, 18 53,54 22,,23 22.•27

.42 41 4() 40 38 54

15, 16 10, 11

38

REGULATIONS RELATING TO MINING LEASES.

At th~.E~e~~~~- (JQ~ncil Chamber, Metbourne, the twenty-eighth d~y of July, 1890.

PRESENT":

Ilia Excellency the Governor. Mr .. Gillies . . . Dr. Pearson Mr. I>eakin Mr. Bell Mr. Wrixon Mr. Patterson.

W HERE.A,S by the 'Mines Act 1890 it is enacted that the Governor. in Council may :c 'from time to time make 'Regulations generally for carrying:out the·provisions of

the said Act: Now therefore the Governor, .with the advice of the Executive Council, doth hereby make the Regulations following, that is to aay :- ·

LIMIT .OF REGULATIONS.

T~r~e Re~lation.~ ~hall a,pply to th~ whole_ ~f the colony of Victoria.

INTERPRETATION CLAUSE. 1,. In construing .these Regulations, the following words and expressions shall have

the m,eanings, hereafte~ assigned to them, except where inconsjst~nt with the context :­"'The Governor" shall mean the Governor ·o£ the colony Jor·_~lie time being, or . . other person for the time being administering the Government of the eoloriy .

. : 11 The Minister of Mines " shall miian th'e' Mini\lter of Mirtes for the time being in · the aii;jd c6lony. .

" The Secretary" shall mean the' Secretary for Mines for the colony. · "The wardim" shall mean the warden of the gold-fields having jurisdiction over

the land applied for on lease, or the greater part thereof. "The clerk" shall mean a warden's clerk or clerk of petty sessions. "The lease" shall mean the lease applied for under these Regulations, whether

for gold-mining or minera;l purposes, on•Crown lands not vested in the Board . _of Land and Works or the Railways Commissioners .

. . ',l'~e "reservedlandsmjning leas!l"<Jhall .mean the lease applied" for under these ·· · · · ~egulations bf mines, in,, ·under, or upon lands granted or reserved for public

pm;po_ses, and yested in the Board of, Land and Works or the Railways Commissioners. · · · · · ·

· ".The ~an.d'' sha11. mean the land both on and below the surface proposed to be .' · incll'\<J.ed .iri the le~tse; and the "surfa,ce land" only that portion of the surface

.· . . ofJ\le ~an~ proposed to be included i.n t~e l.ease. . . . . . :.~'The ~pphcati.on" ~ha.ll mean the apphcatwn for a lease left w.1th the warden

under these Regulations, and the expressions "previous to," " after," or "before" the application and the like shall .meari "previous to," "after," or "before" the time when the application for a lease is left with the warden .

. , "The a:pplicant" shall mean any person or persons, corporate company or corporate , . . companies, or other legally constituted as!!Ociation applying or entitled to

apply for a lease under these Regulations. : , The singular number shaH include the plural, and the plural the singular. The calculation of "days" for doing any act shall be exclusive of Sundays, Good

:FrjcJ.ay; and,Christmas Day. . , . .. A month .sjmll p1ea.n a calendar month,

2. ·Where a lease is applied for, for gold-mining purposes only, the extent of the area in the lease shall not be less than one acre nor exceed thirty acres, and in the case of a lode shall not be less than one hundred yards or exceed six huii.dred yards along the lode, and the width not less than fifty yards nor more than two hundred yards across the lode. . Where a lease is applied for, for purposes other than go1d..mining, the area of the land shall be for the several minerals mentioned below as follows :·-,-

For working Coal-an area not less than fifty acres or more than six hundred and forty acres. ·

For Ironstone or Iron Ore-an area not less than two acres or more than one hundred acres.

· ForSilve.r, .Copper, Tln, and all other metals and minerals what$oever-an area not less ·than one quarter of an acre or more than fifty acres.

3. All appli();ttions shall specify the metal or mineral intended to be comprised in the lease.

4. If a less or larger area than above specified in the respective cases be applied for, the w~rden shall not proceed to take the steps prescribed by these Regulations before he shall receive the direction of the Minister of Mines to that effect. Such direction shall be applied f01: by the applicant to the Minister of Mines previous to or not later than the expiration of the third day after the application has been left with the warden; and the Minister shall be at liberty to refuse or grant such direction as he may see proper ; and if he shall refuse such direction the application shall be deemed to have been abandoned ; but if he shall grant the same he shall direct the warden to proceed, and ,the application shall thereupon be proceeded with as by these Regulations directed.

REQUIREMENTS PRELIMINARY TO THE APPLICATION. 5. The applicant shall apply for a lease in manner prescribed by these Regulations,

but within seven days previous to the application he shall do the following things:­·(a.) Erect posts, painted white, of not less than two feet six inches above the .. ground, as far as circumstances and occupiers will permit, to define accu­

rately the boundaries and angles of the land, with a metal plate, having painted thereon the words " Applied for lease " and the name of the applicant or (if more than two) the first two applicants legibly painted thereon ; and should such posts at any time during the pending of the application be removed 011 torn down, the applicant shall from time ~o

,,

6

time, on learning of such removal or tearing down, replace or restore the same, so that the posts may, if possible, be kept so erected and painted until the termination of the proceedings under these Regulations.

(b) Insert in a newspaper published in the district where the land is situated, or if no such newspaper then in one published nearest the district, an advertise­ment or notice in the form marked " A" in the Schedule hereto.

( c} Post similar notices at the office of the warden and at the post-office or police court, whichever shall appear to the applicant to be nearest the land by the ordinary road.

(d) Give to every person occupying the land, or having or claiming to the know­ledge of the applicant to have any rights on or under the land, or any part thereof, a similar notice. It will be sufficient if this notice is given either personally or by leaving the same at the abode of such person, or by posting the same by registered letter at such time as that by ordinary course of post it will reach such person within seven days after the erection of the posts.

(e) Deposit with the clerk of the warden, or (if no such clerk) with the clerk of petty sessions holden nearest to the land by the ordinary road, the sum of Five pounds, to be dealt with as hereinafter provided ; and such deposit may be paid in cash, or (if the applicant is unable to attend personally to pay such deposit) he may forward it by post in a registered letter by bank draft, post-office order, or postal notes ; but such registered letter shall be posted so that in the ordinary course of post it shall reach the clerk by the time hereinbefore limited for the receipt of the deposit. The clerk shall thereupon give or send by post to the address given in such registered letter the receipt for such deposit set out in Schedule B hereto.

(/) In addition to such sum of Five pounds, the applicant shall subsequently, if required to do so by the warden, deposit such further sum or sums as may be considered necessary to cover the costs of survey in accordance with the scale of fees marked '' C " in the Schedule hereto ; and such deposit shall also be dealt with as hereinafter provided.

NOTE.-In the case of an application for a reserved lands mining lease the applicant shall not do the things prescribed by Sub-clause (a) above; but in all other respects the provisions of Clause 5 must be complied with.

6. The applicant shall, if able to do so, previous to the application, obtain from every person occupying the land, or having or claiming to the knowledge of the applicant to have any rights on or under the land, or any part thereof, and willing to give the same, a consent in writing, duly witnessed, to such application being granted. But if any such person shall not be willing to give such consent, he shall be at liberty to object to the lease being granted in manner hereinafter provided for objections.

APPLICATION FOR THE LEASE. 7. The applicant shall, within seven days after the advertisement as aforesaid has

appeared in the newspaper, address to the Minister of Mines and leave with the warden the application in duplicate in the form set out in Schedule D. To such application there shall be appended a statutory declaration of the applicant, showing how the preliminary requirements have been complied with by such applicant or his agent or agents. He shall annex as exhibits to such statutory declaration the newspaper advertisement, the official receipt for the preliminary and other deposits, and also any consents of occupiers he may have obtained; and such statutory declaration may be in the fonn contained in Schedule F, or to a like effect. Such application and statutory declaration and exhibits may be left with the warden personally or his clerk, or may be forwarded to the warden through the post in a registered letter. Thereupon or as soon as practicable after the receipt of such application, the warden shall enter or cause to be entered in a book kept for the purpose a note of such application numbered in order and the day and hour when the same was left with or received by him, and shall indorse a similar note on both such duplicate applications, one of which shall be filed in his office.

APPLICATION FOR A RESERVED LANDS MINING LEASE. 8. The applicant shall, within seven days after the ad\'ertisement as aforesaid has

appeared in the newspaper, address to the Governor in Council and leave with or forward to the warden as in the last preceding clause mentioned the application in duplicate in the form set out in Schedule E. To such application there shall be appended a statutory declaration and exhibits as above mentioned ; and also a plan of the lands in which the mines are situate, the position of the proposed shafts, and the position and direction of the drives and other works proposed to be executed by the applicant for the purpose of mining. And the warden shall deal with such application as prescribed by Clause 7.

9. Leases shall be granted according to priority of application ( unles8 there be reasons for a different course, of which the Governor or the C.overnor in Council, as the case may be, shall be the sole judge), and the priority of application shall be determined according to the time at which each application shall have been received, as indorsed on the applications; and in case of two or more applications for the same land, or any P<1,rt thereof, at the same time, it shall be in the absolute discretion of the Governor or the Governor in Council, as the case may be, which application (if any) shall be granted.

OFFICIAL SURVEY. 10. On the receipt by the warden of the application, statutory declaration, and

exhibits, he shall, unless otherwise instructed and except in the case of an application for a reserved lands mining lease, direct a mining surveyor to survey and make a plan of the land, and to report in writing on all matters on which the warden shall, by written instructions, require him to report ; among which shall be included an inquiry as to whether the posts have been erected and kept erected, and the notices on occupiers and persons having rights on the land have been duly served as required by Rule (),or in any and what respect not complied with, and under what circumstances. ·

11. The mining surveyor shall, as soon as practicable, proceed to make the survey and report in pursuance of such instructions ; and if he considers it desirable he shall mark out by similar posts, painted red, the area of the surface which, in his opinion, the applicant is entitled to, and reasonably requires for the proper working of the land applied for. He shall also report to the warden whether any and what further deposit shall be paid by the applicant to the warden in respect of such marking out by red posts and survey; such estimate will be subject t,o the revision of the Chief Mining Surveyor.

12. Immediately after such survey is completed, the surveyor shall post on a con­spicuous place on the land and also on his own office, and at the post-office or police court, whichever shall appear to hin1 to be nearest to the land by the ordinary road, a notice in the form set out in Schedule G,

7

OBJECTIONS. 13. Any person objecting to such application being granted (hereinafter called the oh­

jector)shall, within the timeappointed by the last-mentioned notice, lodge with the warden, and serve upon the applicant (or if more than two for any two named in the application) at his or their address stated in such last-mentioned notice, a statement, in writing, of the grounds of his objections. This service may be personal, or by posting the notice of objection to the address stated in the application in a registered letter. No particular form of objection shaH be necessary,so that it clearly appears whose application is objected to, and the grounds thereof, and the address of the objector, which shall be his address for all the .purposes of these Regulations.

14. Each objector must, at the time of lodging the objection with the warden, deposit with the clerk of the warden, or (if no such clerk) with the clerk of petty sessions holden nearest the land, the sum of Five pounds, to be dealt with as hereinafter provided. The clerk receiving such deposit shall give a receipt in the form set out in Schedule B.

PROCEEDING TO BE OBSERVED SHOULD NO OBJECTION BE MADE TO THE APPLICATION.

15. If no objection be so lodged or served within ten days after the posting upon the ground of the last-mentioned notice, the applicant shall not be required (unless the warden shall, on the requirement of the Minister of Mines, so direct) to attend at any further inquiry, nor shall (except as aforesaid) any court of inquiry be held; but the warden shall, as soon after the expiration of such ten days as is convenient, forward to the Minister of Mines the whole of the papers, as also such statutory declaration and exhibits accom­panied by the report and recommendation, as hereinafter directed.

16. The Minister may, should he think it advisable, notwithstanding that no objection. be so served upon the applicant, require that an inquiry before the warden shall be held; and thereupon such proceedings shall be held as are hereinafter directed with respect to opposed applications.

DUTIES OF WARDEN RELATIVE TO OPPOSED APPLICATIONS. 17. If objections are lodged to any application, the warden shall, within four days

after the expiration of the time for lodging objections, give to the applicant and objectors not less than two clear days' notice of the first court to be holden to consider such application and objections; and he shall accordingly hold such court at the time and place appointed in such notice. If there are more than two applicants in any one application, notice to any two of them shall be sufficient.

IS. The warden shall at such first court, which shall be continued from day to day, (lr as continuously as circumstances will permit, until the adjournment hereinafter men-. tioned-(1st) Require evidence (to be reduced into writing by him) from the applicant that the requirements of these Regulations have been complied with by the applicant, or if not complied with in what respect and under what circumstances, and as to any other matters or things connected with such application as the warden shall think proper; and he shall (2ndly) proceed to inquire into the matters of such objections, and shall take down in writing all oral evidence given by and on behalf of the applicante and objectors with reference to such objections and all matters and things connected therewith, and mark in the usual way all documentary evidence produced, and shall take possession thereof, or of certified copies thereof. After the applicant and objectors have concluded their evidence, the warden shall then adjourn the court.

19. The mode of conducting the business of such court shall be entirely in the discretion of the warden; and such court shall be open to the public.

20. On the expiration of three clear days after the adjournment of the court, the warden shall transmit to the Minister of Mines the application, plan, report of mining surveyor, objections (if any), evidence (written and documentary), and all other writings relating to the application, with his observations and opinion thereon.

21. The applicant and objectors shall be entitled to take copies of or make extracts from any of the particulars mentioned in the preceding rule before the same are transmitted to the Minister of Mines.

22. The Minister of Mines shall, as soon as ticable after receiving the particulars aforesaid, notify to the warden whether or not rticulars so transmitted to him aro sufficient ; and whenever the Minister of Mines notify that the same are sufficient, the warden shall, immediately on the receipt of such notification, post at the place where the first court was held a notice to the effect that the court in the matter of such application is closed.

23. In case the Minister of Mines shall be of opinion that the particulars so trans­mitted to him are not sufficient, he may take all or any of the following courses, one before another, in any order, and as often as he shall see fit, before the court is closed, as hereinafter directed :--

(a) State to the warden on what matters or thin-gs the particulars aforesaid, or· anything connected therewith, are not 13ufficient ; and may require further observations from the warden respecting such matters and things, with his opinion thercon, and his reasons for such opinion.

(b) Require the mining surveyor who made the previous plan and report, or any. other mining surveyor instructed by him for that purpose, to make a further plan or report, or both, as to the land or any part thereof and as to any matters or things the Minister of Mines may think fit connected with the application.

(c) Direct the warden to hold an adjourned court for inquiry as to the application and objections (if any), and as to any matters or things connected therewith, such matters and things to be specified in the direction to hold the court.

24. The warden shall, immediately on the receipt of such last-mentioned direction, and as often as such direction shall be received, give the same notices of an adjourned court as hereinbefore required for the first court, and in addition thereto he·shall notify to the applicant and objectors (if any, whom it may in his opinion concern) the matters and things respecting which such adjourned court is to be held.

25. At and after such adjourned court, and every adjourned court directed by the Minister of Mines, the duties of the warden shall be the same as at and after the first court, except that the matters and things for inquiry at each adjourned court respectively shall be the matters and things specified in the direction of the Minister of Mines to hold each adjourned court.

26. After the Minister of Mines is satisfied, by all or any of the courses aforesaid, that the particulars transmitted to him are sufficient, he shall notify such fact to the war~en; who shall on receipt thereof, or as soon thereafter as :practicable, :post th~ :uoti~ hereinbefore directed in that event by Clause 22. -

r

8

Zl. The applicant (or if there shall be two 9r more, any one applicant named in the ication) llh.all be. ·bound to attend the first oourtand alladjournl'flents th(!r~f (itany),

elf or themselves, and may be heard by his or their counsel solicitor 9r in the rule shall be deemed to licants from

atte or being heard by their counsel s . The warden shall ce the absence of any party hereby bound to appear, and shall inquire into the truth Qf any excuse offered for such absence, whiQh shall likewiae he entered in the evidence. Any objector, whether served with notice of any adjourned court or riot, may adduce evidence on the matter or things directed to be inquired into thereat.

28. The Minister of Mines will, as soon as practicable after having satisfied himself that the particulars and matters aforesaid are sufficient, submit the application with. all. the particulars and materials aforesaid to the Governor o.r the Governor in Council, as the case may require, who will, on consideration thereof and of all circumstances con­nected therewith, refuse such application or grant the same as he shall see fit. Provided· that in granting such application it shall be lawful for the Governor or the Goveruor in Council, as the case may be, to determine whether the whole or what part of the land shall be included in such lease, and to define the same accordingly, and also to alter as he sees fit any of the other terms proposed in the application. The lease· to be granted in pursuance of the determination of the Governor or the Governor in Council,. as the case may be, shall not be issued until after the expiration of one month from. the time Qf a notice of the intention to issue the same appearing in the Government Gazette and in some newspaper circulating in the district within which the land is situate.

29. If the Governor or the Governor in Council, as the case may be,· shall refuse to grant a lease, the application shall be deemed to be abandoned; and such aoondonmertt shall take effect from the date of the notice of such refusal appearing in the Gazette, as provided in that event by these Regulations.

30. If the Governor or the Governor in Council, as the case may be, shaH determine to grant a lease of the land or any part thereof, such lease will, after the expiration of the last-mentioned month, be forwarded to the warden, who on the receipt thereof shall notify such met to the applicant.

31. Before executmg the said lease the applicant shall pay to the receiver of Crown revenue the sum of One pound as a fee for the preparation of the lease, and shall also .}l!l>Y the half· year's rent then due as reserved in the said lease, a.nd shall produee receipts f6r such payments to the warden before executing the lease; and unless so produced, and also unless Rule 42 has been complied with, the warden shall not allow such lease to be executed; but the applicant shall, after complying with the requirements afQr'¥18.id, be permitted by the warden to execute the lease.

32. Every successful applic~nt for a lease shall execute the same; and such lease shall, after it has been reg1stered as hereinafter provided, be delivered to the applica11t or his order, or if more than one applicant to such of them who shall execute the lease as the warden shall think fit. ·

33. Unless the applicant execute the lease within a period of sixty days from th~ date of the publication in the Government Gazette of a notification that the lease is awaiting execution, the Governor in Council may immediately after the expiration of the period named declare the lease void.

34. All gold-mining leases (except reserved lands mining leases) shall be in. the form or to the effect contained in Schedule li, with such modifications, alterations, or additions as the circumstances of the case may require,

(a) All mineral leases-i.e., leases for mining for any metal or mineral other than gold-shall be in the form or to the effect contained in Schedule J, with such modifications, alterations, or additions, as aforesaid.

(b) All reseryed lands mining leases shall be in the form or to the effect contained in Schedule K, with such modifications, alterations, or additions as afore· said.

(c) Where the lease is granted for any one or more minerals other than gold, the rent reserved shall be at such rate not being less than Threepence per acre nor more than Five pounds per acre, and so on in proportion fur any Jess quantity as the Minister of Mines may require.

35. The Governor or the Governor in Council, as the case may be, shall have power at any time during the progress of the a lication, and before the lease shall be eJ<ecuted by him, to declare · · · n is abandoned, and after the lease has n by the applicant, that such lease is void ; and thereupon the Secretary shall publish in the . Government Gazette a notice to the effect • , dated day of 189 , in the application] . was abandoned, or the lease executed by the Governor, dated the . day of 189 , between Her Majesty the Queen and [the applicant]. of the land [describing it as in the lease] is v01d, as the case may be. This rule shall apply to reserved lands mining leases as well as to leases for gold-mining purposes and mineral purposes.

36. The Secretary shall publish in the Gazette a similar notice to that mentioned in the preceding rule in every case where by these Regulations the applicant is stated to have abandoned, or to be deemed to have abandoned, his application, or the lease is stated to be void or to be deemed void. •

37. The first half-year's rent reserved on the lease shall be deemed to have accrued on th~ day of the date of the lease, and shall be paid before the lease is executed by the applicant.

38. The duplicate application, and all the plans, reports, objections (if any), evidence, and all other papers and writings relating to the application shall be deposited with the Minister of Mines, or in such other place or places as he shall direct ; but after :the application shall have been dealt with, all written documents and certified copies received by the warden in evidence from any person or persons at the first court or any adjourned courts under these Regulations shall be returned by the warden to the lerson or persons from whose custody the same were produced and delivered to him ; am for that plll'JlPSe the warden shall enter in a book to be kept by him for that purpose the name and addiess of the person or pers~ns from whose custody each of such documents or certified copies was produced and delivered ; but the warden shall not be liable for the loss of any such document or certified copy accidentally lost or destroyed. Any person may, with the sanction of the Minister of Mines, obtain copies of or extracts from the particulars afore· said on paying Eightpence a folio for any copy or extract, and what may be deemed right ~~b~~oc~ .. · •

9

, - 39. In all leases to be hereafter granted, except such as are issued to Chittese, the cltttrBe in the lease known as the labour eovenant shall contain a provision that the miners and workmen shall not be Chinese.

PERSONS OCCUPYING THli: LAND UNDER THE "MINES ACT 1890" CLAIMING COMPENSATION (CALLED CLAIMANTS).

40. Every person occupying the land or any part thereof umler any licence or right derived under the Mines Act 1890 (hereafter called the claimant), whether he shall or shall not lodge an objection under Clause 13, shall be entitled to be compensated by the applicant for any buildings or improvements, or both, :inade by him, or some one under whom he claims, on the land previous to the application; and unless the applicant and such claimant shall agree on the amount of such compensation, the claimant shall serul in a claim to the warden, who shall determine the same, and also as to whether the claimant is in lawful occupation of the land, or any part thereof, under the said Statute, at such time and place as he shall appoint, of which one clear day's notice shall be giv!lll to the applicant and claimant. Notice of any such agreement shall be ~iven by the claimant to the warden, and in case he shall not give such notice he. shall not be entitled to the benefit of Clause 42.

, 41. The warden shall, at the time and place (whether or not the applicant and claimant or one or neither of them attend), proceed to inquire into the matter of· the claim; and shall, as soon as practicable thereafter, make his award in respect of such claimants as shall appear to him to be entitled to compensation. Such award shall be in the form marked "L" in the Schedule hereto, and shall be delivered by him to the claimant. If the warden shall be of opinion that the claimrmt is not entitled to compensation, he shall post a notice to that efl'ect on some conspicuous part of his court.

.. 42. The warden shall not allow the applicant, and the applicant shall not be entitled, to execute the lease as provided by these Regulations unless and until the warden has been satisfied that the applicant has paid, or satisfied, or tendered the compensations agreed or awarded (as the case may be) to be paid to such claimants as shall occupy the land, or any part thereof, contained in the proposed lease.

AS TO THE DEPOSITS. . . 43. The applicant's deposit shall be subject to any orders w hi eh the Minister of Mines

or the warden may at any time or from time to time after the same is deposited make for the payment thereout of any costs to the G'rown, the objectors, or any other person; and the clerk with whom the same is depesited shall pay thereout such sums as shall by written order be directed to the persons named in any such order; and if any balance remains, the same or, if no costs are so ordered to be paid thereeut, the whole thereof shall, unless the Minister shall otherwise direct, be p~,id to the applicant or, if more than one, t.o such one or more of them as shall apply to the warden for the same after the execution of the lease or after the notice of the refusal or abandonment of the application appearing in the Government Gazette as by these Regulations directed, but not before. The whole deposit or any balance remaining after the payment of expenses shall be liable to be forfeited and paid into the revenue if the application is abandone<l by the applicant, or if the lease applied for is refused because the applicant has applied for lan<l lawfully held by other persons who have not consented to the issue of a lease, or if the applicant refuses or neglects to execute the lease within the time specified in these Regubttions.

44. The deposit of Five pounds made by the objector shall in like manner be subject to the orders of the Minister of .Mines or of the warden for the payment of any costs thereout either to the Crown, the applicant, or any other person, to be made at any time after the same is deposited and before the expiration of thirty days from the court being closed, as by these Regulations provided ; and the balance (if any) or the whole thereof (if no costs ordered to be paid thereout within the time aforesaid) shall, upen application to the warden, he returned to the objector who deposited the same.

MISCELLANEOUS RULES. - 45. Upon receiving from the warden any applicatio11 for a reserved lands minin

lease, the Minister shall, if he think fit, cause the same and the documents accompanying it to be submitted to the Governor in Council and the Board of Land and \Vorks, or to the Victorian Railways Commissioners if such lu.nd be vested in such Commissioners, who shall determine-

Whether to grant such application subject to any and what covenants, clauses, stipulations, restrictions, and oomlitions, or whether to refuse such application, and to what sum of money (if any) ought to be paid by the applicant as compensation damage to the lands on which the mines are situate, and what security (if any) shall be given by the applicant to make good any damage that may result from his mining beyond that for which such sum to be paid as aforesaid shall he a sufficient compensation.

46. \Vhenever the Governor in Council shall order a lease t<:> issue under these Regulations, the Minister shall cause such lease to he prepared and submitted to the Board of Land and ·works, or to the Victorian Railways Cmr.missioners if such land he vested in such Commissioners, for their approval; and no lease shall be executed by any applicant until such approval has been obtained.

47. Any applicant may at any time withdraw his application by giving notice to the warden that he so withdraws, and thereupon the application shall be deemed to be abandoned.

48. If any party or parties in whom the legal interest in the term granted by the lease a1 issued by the Governor shall for the time being be vested shall he desirous of working and winning additional metals or minerals than those specified in the lease, and which may be found in the land comprised in such lease, he or they shall apply to the Minister of Mines, the warden, for a licence so to do; and, if granted, such licence shall be at the and royalties thereby specified, and in the form set out in Schedule P hereto, or with such modifications and additions as the Minister of :\fines shall think fit. . 49. If the applicant is out of the colony ht' may comply with these Regulations or any

part of them by his attorney ; and if hy attorney such attorney shall be constituted by the execution of a power-of-attm'Iley for that purpose in the form or to the effect set out in Schedule M hereto annexed, or in such other form as shall in the opinion of the Minister of Mines he sufficient for the purpose; and such attorney shall be bound to comply with $ese Regulations in all respects as the applicant. would have been if personally present. Such power shall he filed as hereinafter pruvidcd, and a certified copy thereef, t.ogether ~th the RegiStrar-Geneml's receipt for the original powcr-of·attorney, shall be left with f,pe warden,

('

10

50. Any person or persons being the lawful holder or holders of the lease granted by the Governor, except any person or persons who by operation of law shall be entitled to sell or dispose of such lease for the benefit of creditors or a creditor, in which case no licence shall be necessary, shall (if desirous of so doing) apply to the Minister of Mines for a licence, under the hand and seal of; th( Governor, to transfer, underlet, mortgage, or otherwise dispose of or encumber such~ lease, or the premises comprised therein, or any part or parts thereof; and it shall be lawful for the Governor to grant or refuse such application. Every sueh, application must be accompanied with a remittance of One pound, which will be returned if the application be refused. Unless the person or persons so applying is or are the legal holder or holders of the lease, such licence, if granted, shall have no effect. Such licence if granted shall be in the form set out in Schedule N hereto annexed, or as near thereto as practicable.

51. These Regulations are subject to the special powers vested in the Governor in Council by the 79th section of the Mines A et 1890 on the occasion of granting any particular lease.

Rl<~GISTRATION OF LEASE.

52. The lease, and every transfer, sub-lease, mortgage, or encumbrance thereof, or any part or parts of the premises comprised therein, shall be registered, and every power­of-attorney authorized by Clause 49 shall he filed in manner provided by law for the registration and filing of similar instruments in the colony; and the fees to be paid on such registration and filing, and the duties of persons conducting the same, shall be th<;~ same as in ordinary cases of a similar nature.

[Printed copies of the forms (except the form of lease) in the schedules will be issued at the office of the warden free of expense.]

HOLDERS OF MINERS' RIGHTS MAY APPLY FOR LA!-i'D LEASED FOR GOLD-MI!I."'JNG PURPOSES UPON A BREACH OF THE COVENANTS OR CONDITIONS Q]j' LEASE.

53. If the lessee or lessees of any land demised for gold-miningpurposes (except land vested in the Board of Land and Works or the Railways Commissioners) his or their or its successors, executors, administrators, or transferrees shall commit a breach of any of the covenants of such lease, it shall be lawful for the holder or holders of a miner's right or rights to apply to the Minister of :Mines in the form set out in Schedule 0 hereto; and if such application shall be made, and the person or persons so applying shall lodge with or forward to the clerk of the warden the sum of Five pounds sterling for costs, the Minister of Mines may if he think fit refer the said application to the warden, with directions to hold a public inquiry concerning the alleged breach.

54. The warden shall give such notice to the parties as he shall think necessary, and on failure of either party to attend him he may proceed ex parte; and on such inquiry shall hear and examine the parties and their witnesses, and shall reduce their evidence to writing and shall forward the same together with a report thereon to the Minister of Mines; and on any such hearing the warden may allow, in his discretion, to the lessees or lessee, their, his, or its successors, executors, administrators, or transferrees, costs not exceeding Five pounds, to be taken out of the deposit made by the person or persons so applying as aforesaid.

55. If the Minister of Mines, after perusing such report, shall be of opinion that any breach of any of the covenants or conditions of the lease has been committed, and that the lease should be forfeited, he shall submit the matter for the judgment and determina­tion of the Governor in Council.

56. If the Governor in Council shall declare the lease to he void, it shall be la,wful for the Governor, in the name and on behalf of Her Majesty, but subject to section 69 of the .1.llines Act 1890, to grant to the person or persons so applying a letlse of the whole or any portion of the land held under the determined lease, for such term, not exceeding fifteen years, as the Governor shall think fit.

57. In the event of the lease being declared void, the former lessees may, at any time within forty days after the publication of the declaration in the Government Gazette that the lease has been declared void, remove any plant, machinery, engines, or tools on the laud so held under the determined lease, but no timber used in and for supporting the shafts, drives, galleries, or ad its in the mine.

58. When any application under Clause 53 of the said Regulations has been referred to the warden, the warden shall also inquire respecting the value to the holder or holders of a miner's right or rights making such application for any work or labour then done on, or within, or beneath the leased land and premises which, in the warden's opinion, is available for or necessary to any future mining operations; and in case the lease shall be forfeited and declared void, the said holder or holders of a miner's right or rights making the said application under Clause 53 of the said Regulations shall not receive a lease of the land applied for until he or they shall have deposited with the warden for payment to the perion or persons entitled to the former lease the amount found by the warden as the value of the said work and labour. Provided that no sum shall be allowed or paid for any such work or labour in any case where it is proved to the satisfaction of the warden that the lessee or lessees, his or their executors, administrators, or transferrees have neglectetl to fulfil the covenants of the lease for a period of twelve months previous to the said application having been made by the holder or holders of a miner's right or rights.

59. If any applicant shall make default in proceeding in accordance with these Regulations, the Minister may, by an order under his hand, declare the application abandoned, and cause to he published in the Gorernment Gazette a notice to that effect, and after the puhlic<ttion of any such notice such applicant shall not be entitled to proceed with his application. Provided that, in any c<tse where an applicant appears at an inquiry by an agent or gives sufficient reasons in writing on or before the day on which the inquiry is to be holden why he cannot appear, his applica,tion shall be proceeded with at such times and places as the warden may think fit.

60. These Regulations shall come into force at the end of twenty-one days after the same shall have been published in the Government Gazette,· but they shall not apply to or in any way affect any application for a lease made and not determined at the time of the coming into operation of these Regulations, but such application may be carried on and determined as if these Regulations had not been made.

11

SCHEDULES.

SCHEDULE A.-(RuLE 5 (b).) FoRM OF NOTICE OF APPLICATION FOR A MINING LEASE.

I [or We], the undersigned, hereby give notice that, within six days from the date hereof, I [or we] will leave with the warden of the mining division of an application for a lease, the particulars whereof are hereunder set forth:-

Name in full of applicant or applicants, and style under which it is intended that the business shall be carried on-

Full address of each applicant-Supposed extent of ground applied for, and whether on or below the surface, or

both, or a lode-Name of each person (if any) who is in occupation of the land, so far as the

applicant has been able to learn-Minimum number of men to be employed-

For the first months Subsequently when in full work

Precise locality of the ground-Term required-Time of commencing operations-Amount of money proposed to be invested £ s.

and in what manner the land is to be worked­

men. men.

d.

"Whether the boundaries of the land applied for will include any river, creek, deposit of permanent water, spring, artificial reservoir, public road, or subject to any public rights-

General remarks-Date and place-The minerals for the winning of which this application will be made are­The address for the service of all notices of obJection or otherwise is-

SCHEDULE B.-(RULES 5 AND 14.)

V. R. Book

Application for ~::~cc under Statute.

Receipt for Deposit with Clerk to Warden. Received from

shillings and which application is made.

l)ated day of

of the snm of pound pence subject to the Regulations under

£

189 • Signature

Clerk to Warden at

SCHEDULE C.-(RuLE 5 (f).)

The fees authorized to be charged by mining surveyors for surveys made by them under these Regulations shall not exceed those specified in the following seale, except in the Mining lJistrict of Gippsland and certain subdivisions of the Mining District of Beechworth:-

Surveying boundaries of any block under 20 acres Ditto, 20 acres and under 40 acres .. . . .. Ditto, 40 acres and upwards, at per mile of bOlmdaries ... ... Interior lines to fix the position of objects within the block, at

£ 8. d. 3 3 0 4 4 0 3 10 0

per mile ... ... ... ... ... ... 2 10 0 Connexion to nearest fixed point, at per mile... ... ... 2 10 0 Travelling expenses to the block to be surveyed, for any distance

after the first three miles from the mining surveyor's office, at per mile one way ... ... ... . . . .. . 0 4 0

Maximum fees for the Gippslancl Mining District and those subdivisions of the Bocchworth Mining District in which Wood's Point, Gaffney's Creek, Enoch's Point, and Jamieson are situated:-

Surveying boundaries of any block under 5 acres Ditto, 5 acres and under lO acres .. • • •. Ditto, lO acres and under 20 acres· Ditto, 20 acres and under 40 acres Ditto, 40 acres and upwards, at per mile of boumlaries .. . Interior lines to fix position of objects within block, at per mile .. . Connexion to the nearest fixed point, at per mile ... • •. Travelling expenses to the block to be surveyed, for any distance

after the first three miles from the mining surveyor's office,

£ 8. d. 4 0 0 5 0 0 6 0 0 8 0 0 7 0 0 5 0 0 5 0 0

at per mile one way ... .. . .. . ... .. . 0 5 0 NOTE.-The above fees m all cases to include the making and furnishing of plans

and reports. If two or more surveys are made on the same day in the same locality, only one

charge will be allowed for the actual distance travelled one way beyond the first three miles from the surveyor's office, such charge to be proportionately divided among the applicants for survey.

For survey of blocks where the existence of mallee, whipstick, or other thick scrub may cause undue loss of time and expense in clearing the lines, the surveyor will be allowed to charge such amount to meet the extra cost incurred by him as may be con­sidered reasonable and just by the Chief Mining Surveyor, in addition to the prescribed scale of fees.

To the Honorable

SCHEDULE D.-(RuLE 9.) FORM OF APPLICATION FOR LEASE.

[Name of the Minister of Minca]. Sir,

[Place and date.]

I [or We], having duly deposited the sum of pounds, and a sum su:flicient to cover the cost of survey, as required by the Regulations relating to Leasel!, under the

• 12

Mines Act 1890, hereby, in accordance with and subject tQ such Regulations, a-pply for a lease, the particulars of which are hereunder set forth; and I [or we] agree that such sum shall in all respects be held subject to and may be appropriated under the terms of such Regulations; and that I [or we] will execute such lease upon the basis therein stated, as the Governor shall think fit to grant, . .

I [or we] have the honour to be, Sir, Your obedient servant ,

[Name and address in full.]

;:::.~::;;; "' 'iif .g "'"' :5 sm ~-$0 .:. ~~-5

.:> .0~ &I ..; ~ ·s~ ~ .l<t _:§f:!13~ ... w'fi ® " ,.; o_rg E-a~ .s :;:s g !) .:=: "

0' -g§ "' f~

.., ~ "g ~ s "' ~ .. "''il"'·;;g § § ~·@ ~·§ .:> .,.s ·~.=~ ~ p.

~ £

~~ £ 0 . .Sl :§~.o " 'a ~~r:i .,= ot: l5 tt! 'a ~§~

.<::

~ ~~ ~ 1r:o;;;" :~:: g. 0 '"";t;. ... ,.., " 'g §.e~ ,g .... a--s -g·-o.:> ,;; .; ., ... "' $ll-a~ ............ 0 ~ t: ..,.,

'5~~ . " §i 0 'El 0(11 0($: g.Sl 'a " g. s~ " S-o i< ~:;;~~s..i " ~tl:i§

0 ,~ ~

~ .,c;

~ ;, " ~e-o§~ "" Cl ee..c ~.!~·2~ ~" .s ~"gl 0 ·g fl" ··3 ... "a-e ~l'P ~ o-

~ 'i! f" " -'0 ~ ~~~§~ 1:J §-.o .,.P..ce'.!l 0

i'~§ aJ ~ "' ~'"d ,..-~-..:-. p.. " ::g~ .., ..-.-.-..'.jj-. ~"g;j-"'§ a " ztl.s.o ;;.:; cee ~ ~·t: ~; c ..;·:;:

(1) For the (1) Locality first months

men (2) Term (not to exceed 15 year8.)

(2) Subse-quently when in full work (3) Time of

men commencing operations.

(4) Metal or mineral to be worked

N.B.-The day and hour of the receipt by the warden of this application to b indorsed thereon.

[Statutory declaration to be printed at the back.]

SCHEDULE E.-(RuLE 8.)

FoRM OF APPLICATION FOR A RESERVED LANDS MINING LEAilE.

[Place and date, To His Excellency the Governor in Council.

, having duly deposited the sum of Five pounds, hereby, in accordance with and subject to the Regulations in that behalf, apply for a lease, the par­ticulars of which are hereunder set forth ; and agree that such sum shall in all respects be held subject to, and may be appropriated under, the terms of such Regulations ; and that will execute such lease, upon the basis ~;herein stated, as the Governor in Council shall think fit to grant.

men

[Name and address in full.]

(3) Time of commencing operations

(4) Metal or mineral to be worked

N.B.-The day and hour of the receipt by the warden of this ll>pplication t:e be indorsed thereon.

[Sictt?ttory decla1·ation to be :printed at the bad.,,.]

..

I of

13

189 ·.

] for a lease ~mder the acres or thereabouts, situate yards along the lode known

].

in the said colony [miner, o1· aB the case may be] do solemnly and sincerely declare-

1. 'That on the day of 189 , at about the hour of I did mark out the land above apptied for . by putting in posts painted white, with a metal plate attached thereto oh which the words "Applied to lease" were legibly painted.

2. That such posts have been kept up uninterruptedly from that time until now (except that but as soon as I was informed of such removal I replaced the.same).

3; That attached hereto as an exhibit, marked" A," is a copy of an advertisement, as required by the Regulations, of my intended application, and the same appeared in the published on the day of 189 .

~. That I have paid to the warden's clerk at all sums of money required <:>r demanded of me under such Regulations, and attached hereto as an exhibit, marked "B," is the receipt given to me on the occasion of such payment by me.

5. That attached hereto as an exhibit, marked "C," are consents sigued by , who as I believe are all the persons ocoupying or having any rights

on or ~mder the land. And .I make this solemn declaration conscientiously believing the same to be true and

by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury.

NoTi-This declaration may be taken before any justice of the peace, notary public, or other. of!:icer now by law authorized to administer an oath.

SCHEDULE G.-(RuLE 12.} FORM OF NOTICE TO :BE POSTED ON THE LAND :BY THE SURVEYOR.

To all persons whom it may concern. Application for a Lease.

I hereby give notice that the applicant [or applicants] undernamed did, on the day of , leave with the warden at

an application for a lease of [ acres or yards] of the land upon which this notiee is po8ted], and which, under the direction of the said warden, I have the day of the date hereof surveyed; and that any person desiring to object to the issue of the said lease must c!}ter his objection within ten clear days from. the date of this notice at the office· of the warden; and that this land is protected from occupation for any purpose whatsoever.

Dated A.R of [Addresa.]

C.D;

day of 189 • Surveyor.

NoTE.-For the notice to be posted on the outside of the surveyor's office, and the post-office or police court, as required by Rule 11, omit the words in italics in the above form, and instead thereof insert " land situated," describing the situation.

SCHEDULE H.-(RULE 34.} FORM OF GoLD·MINING LEASE.

This Indenture made the day of in the year of our Lord One thousand eight htmdred and between Her ~Iost Gracious Majesty Queen Victoria of the one part and (hereinafter called the lessee } of the other part wit-nesseth that in consideration of the rents hereinafter reserved and of the covenants and provisoes hereinafter contained Her Majesty doth by these presents demise and grant unto the lessee h executors administrators and transferrees all th piece of land p!tr· ticularly described in the l<'irst Schedule hereto and delineated and coloured yellow on the map hereO!l indorsed or here~mto annexed together with the rights liberties casements advantages and appurtenances hereto belonging or appertaining And also together with ~ibertyfor .the said lessee h executors administrators and transferrees and their miners agents and workmen to search for dig open work and win the gold on and in and 1mder the said laud A:qd also to sink drive and make and use all pits shafts levels drives adits water·courses races drains dams reservoirs roads and tramways and to erect all such buildings engines furnaces pumps machinery and works on r,nd in or 1mder the said land as shall be necessary or convenient for working the mine and winning the said gold And 11.lso to erect on the said land such offices cottages and dwelling-houses for the use of the personsand workmen employed in the said mine and works as the said lessee h executors administrators or transferrees shall think proper But nevertheless excepting and reserv· ing unto Her Majesty Her heirs and successors such part and parts of the said land (if any) to a depth of · feet used as a street road track or creek shown on the plan hereon indorsed and therein coloured blue with full and free liberty for Her Majesty Her heirs and successors and Her and their subjects and people to use the same streets roads creeks and tracks at all times And also excepting and reserving to Her Majesty Her heirs and successors and Her and their subjects and people at all times the full free right of ingress· egress and regress with or without horses carts and carriages over and along the surface of the laud hereby demised not being actually worked for the purposes of gold mining And also reserving and excepting unto Her Majesty Her heirs and suc­eel!l!Ors-Her and their servants agents subjects and people full and free right and liberty t{) go pe.ss and re-pass .at all times hereafter during the continuance of this lease and for all purposes and,either with or without horses or other animals carts or other carriages through over and along such road or way or sneh several roads or ways in on or over the said la;nd to be hereafter from time to time set out by the Minister of Mines for the time being And also excepting unto Her Majesty Her heirs and successors and to Her and all JlEII'I!OilS duly licensed in that behalf by or on lJehalf of the Governor or Officer administer· j.llg: t.J,l_e, Q?;:ermnent of Victoria for the time being in Council (hereinafter called the Governor m COuncil) the rig~t at all times to take carry away and. use anr, aa.nd stone ~vel clay or !f!!.rth and timber live or dead !lOW on in -qnder or upon the srud lan(l An4

!Ul

14

also excepting and reserving unto Her :Majesty Her heirs and successors to a depth of one hundred feet such part and parts (if any) of the surface of the said land as are now occupied under a miner's right for residence or under a business licence And also such part and parts of the underlying soil and earth or subjacent strata as shall be sufficient to give the necessary and proper support to such parts of the said land as are now occupied under a miner's right for residence or under a business licence To HoLD the said land and premises with the appurtenances (subject nevertheless to such rights in­terests and authorities as may be lawfully subsisting t.herein at the date of these presents) unto the said lessee h executors administrators and transferrees from the date hereof for the term of years next ensuing for the purpose of mining thereon and therein for gold and for no other purpose Yielding and paying therefor yearly and every year unto Her Majesty Her heirs and successors during the said term the yearly rent of by equal half-yearly payments of each to be made in advance the first payment to be made on the day of the date hereof and the next payment on the day of next and the succeeding payments respectively to be made on the same days in each succeeding year clear of all rates taxes and assessments to which the said land and pre­mises are now or at any time during the said term may be subject or liable Provided always and it is hereby agreed that if and whenever any part of the said rent shall be in arrear for twenty-one days after the same shall have be~'Ome payable or if any other sum of money hereby covenanted to be paid shall be in arrear twenty-one days after the time appointed for payment thereof whether such rent or sum of money shall have been legally demanded or not Her Majesty Her heirs or successors and Her or their agents and officers and any person appointed in that behalf by the Governor in Council and any bailiff of Crown lands may enter upon the said land premises and mine and seize and distrain all gold and auriferous ~tone and earth and auriferous minerals and all machinery apparatus tools waggons carts carriages engines plant live and dead stock and all other goods chattels and effects whatsoever which shall then be on in or under the said land premises and mine and every distress then made may take away sell and dispose of as in cases of distress for rent reserved in common leases and out of the moneys arising thereby retain so much as shall be sufficient to satisfy the said arrears and other payments and which shall at the time of such sale be unpaid and all expenses incurred by the non­payment thereof and by distraining and if any surplus the same to be paid to the said lessee h executors administrators or transferrees Provided always that the power of distress hereinbefore expressly given shall not impair or prejudice but shall be cumu­lative or in addition tQ the power of distress to which lessors or reversioners are by law entitled for the recovery of their rents.

And the said lessee do hereby for h msel h heirs executors administrators and transferrecs covenant with Her Majesty Her heirs and successors in manner following (that is to say):-

1. That the said lessee h executors administrators and transferrees shall and will during the said term pay unto Her Majesty Her heirs and successors the rent hereby reserved at the times and in manner herein before appointed for payment thereof clear of all deductions.

2. And shall and will except when prevented by inevitable accident or during the execution of repairs make construct and work the said land premises and mine in the best and most effectual manner and without interruption And shall and will diligently explore and search for gold and work the said land premises and mine to the best advantage.

3. And shall and will employ in the construction of the works or in mining operations on or under the said land during the first month of the said terrn and during the -usual hours of labour al1le and competent workmen and miners at the least not being Chinese and during the remainder of the said term not less than such miners and workmen not being Chinese unless prevented by inevitable accident or during the exec.ution of repairs.

4. And shall and will during the said term effectually drain the said mine and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof and lf the said mine shall be affected or liable to be affected by the same flow or body of water as any other mine or mines contiguous thereto shall and will con· tribute with the lessee or lessees or owner or owners of such other mine or mines a reasonable proportion of the machinery and labour necessary free and keep free such mine or mines from water to a workable extent or if the said shall be kept free from water to a workable extent whether wholly or partially by means of the machine:.:y and labour of a contiguous mine or mines then shall and will pay to the lessee or lessees owner or owners of such contiguous mine or mines a reasonable proportion of the expenses of such machinery and labour.

5. And shall and will make such provision for the disposal of the detntus dirt waste workings or refuse of the said mine so that the same shall not be an inconvenience nuisance or obstruction to any roads ways rivers creeks or private or Cro-wn lands or in any manner occasion any public or priva!e damage or inconvenience.

6. And shall and will make such provisions for decency and the observance of sanitary regulations as the Minister of Mines for the time being shall approve of or direct.

7. And shall and will erect and keep erected during the same term posts not less than two feet six inches high above the ground and painted white so as accurately to define the boundary line and angles of the said land and so that each post shall be visible from those nearest to it on each side.

8. And shall and will if required by the Minister of Mines erect and keep in repair a substantial wall or fence round each of the shafts at any time during the said term open on any part of the said land or. used for the purpose of the said mine so as effectually to prevent all accidental access thereto and when the Minister of Mines for the time being or other person authorized in that behalf shall consider any such shaft unnecessary and shall by certificate under his hand notify the same then shall and will effectually fill up and substantially enclose the same.

9. And shall and will as often as required so to do during the said term make and deliver to the Secretary for Mines for the time being or other officer appointed for that purpose all such true and proper plans and sections returns statistics and particulars made up to the last day of the preceding month of the workings and operations of the said mine and as to the number of men (if any) employed and the nature of the work done as shall be in accordance with the rules and directions from time to time issued by the Minister of Mines or other officer authorized so to do the same to be accompanied with a statutory declaration of the truth and correctness thereof by the lessee of the said mine h executors administrators or transferrecs or such other person as the said Minister shall direct.

15

10 . .And shall and will during the said term make proper and reascnable coinp ensatioh to the occupier or occupiers or lessee or lessees from the Crown of any adjoining land in respect of any damage which may be sustained by him or them by the working of the said mine or the carrying on the works thereof or by any other works connected therewith such compensation to be determined by the Minister of Mines or other person authorized by him so to do.

ll. And further shall and will at all times during the said term keep and preserve the said mine and premises from all unnecessary injury or damage and also the levels drifts shafts water-courses roads ways works buildings erections and fixtures therein and thereon in good repair and condition except such of them as shall from time to time be considered by a mining surveyor or other proper officer to be unnecessary for the working of the said mine or any contiguous mine and in such state and condition shall and will at the end or other sooner determination of the said term deliver peaceable possession thereof and of all and singular the premises hereby dernlsed to Her Majesty her heirs and successors or to the warden or other officer authorized to receive possession thereof.

12. And shall and will permit the surveyor of or the Chief Mining Surveyor or his deputy or other duly authorized person with all propor assistants at all reasonable times during the said term quietly to enter into and upon the said land premises and mine and every part thereof to survey and examine the state and condition thereof and for the purposes aforesaid to descend all pits and shafts and to use all roads ways engines ropes machinery gear labour and other things in or on the said land and mine or in or on any adjacent land held in connexion therewith which shall be dceme(l necessary by him without making any compensation for the same so nevertheless that in so doing no unnecessary interference is caused with the carrying on of the said mining works.

13. And shall and will observe perform and fulfil the stipulations covenants and provisoes which may be contained in the Second Schedule hereto.

14. And shall not nor will use or occupy or permit to be used or occupied the said land for other than mining purposes. ,

15. And shall not nor will cut any timber on the said land except for the mining operations hereby authorized and for the domestic purposes of those residing on the said land.

16. And shall not nor will cut down ring bark or burn any of the trees growing within the boundaries of any State forest any portion of which is within the boundaries of the land hereby demised nor in any way injure the same nor the soil in which they are growing except in so far as may be abselutely necessary to remove any impediment to the proper exploration and mining of the ground hereby demised.

17. And shall not nor will cut or remove or permit to becutor removed from the said land any live trees which at the height of three feet from the surfaee of the ground are of less diameter than twelve inches and shall not nor will remove or permit to be removed bark from such trees.

18. And shall not nor will deposit any silt or detritus or allow any sludge or refuse of any kind to flow into the water-channels leading into any r~servoir belonging to the Board of Land and Works or to any local governing body or water commission nor carry on mining operations so as in ~my way to injure or interfere with any land set apart for Water Supply purposes.

19. And shall not nor will close up or obstruct any adit or adits to or from any con· tiguous mine or mines whereby fresh air is admitted or ventilation promoted.

20. And shall not nor will transfer underlet or part with the possession of the said land mine and premises or any part thereof or mortgage charge or encumber the same without the licence of the person for the time being authorized to grant leases of Crown lands for mining purposes.

Provided always and it is hereby agreed and declared in manner following:-21. That if the land and premises hereby demised or any part thereof shall before

the date of these presents have been alienated by Her Majesty either in fee simple or for any less estate or licensed under any Act of the Parliament of Victoria the lessee

h executors administrators or transferrees shall not be entitled to any compensation on that account. And that no implied covenant for title or for quiet enjoyment shall be implied herein.

22. That it shall be lawful for the Chief Mining Surveyor or any other officer authorized by the Minister of Mines if he shall think fit so to do to order that any of the galleries drives air-ways passages water-ways or adits belonging to or used in connexion with the said mine whether the same be within the said laud or not shall be stowed and he may from time to time by order in writing direct that such engineering or other works whether of masonry or otherwise be constructed and erected as in his opinion may be required for the support of the surface of the said land or any land adjoining thereto or as a precaution against any contingent damage to any road or street (if any) included in or hereafter to be formed on the land hereby demised or immediately adjacent thereto and as shall be specified in such order and the lessee h executors administrators or transferrees shall upon receipt of such order forthwith proceed and with all convenient speed continue until the same shall be completed to execute at his or their own costs and charges to the satisfaction of the said Chief Mining Surveyor or such officer to be testified by him in writing all such works as shall be so specified.

23. That it shall be lawful for Her :Majesty Her heirs successors and assigns to make and use in or under the said laud any levels drifts leads shafts water-courses adits roads ways and passages for freeing and keeping free any other lands or mines from water or for conveying water to any other lands or mines for mining purposes or for supplying any other mines with fresh air or for effectually working any other mines or for any public purpose whatsoever causing as little damage obstruction O<' interference as possible to or with the said mine and the works thereof.

24. And it shall be lawful for Her Majesty Her heirs successors and assigns and all persons licensed as aforesaid to take carry away and use any sand stone gravel clay or live or dead timber on in upon or under the said laud for any public purpose whatsoever and all proper facilities for the purposes aforesaid shall be given by the lessee h executors administrators or transferrees.

625. And that if at any time during the said term any part or parts of the said land

ahall be required for sale or any railway road.canal aqueduct water-course reservoir or any public purpose it shall be lawful for the Governor in Council to cause to be set out the part or parts of the said land which shall be so required and so soon as the same shall be so set out sueh part or parts of the said laud shall cease to be included in the lands hereby granted and the lessee h executors administrators or transferrees shall not be entitled to a.ny abatement of rent or any compensation whatever in respect thereof.

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16

26. And if the lessee h executors administrators. or transferrees shall pr~ve ~. tl\e satisfaction of the Governor in Council that on aceount of unexpected or unforeseen di:ffi. culties in exploring or working the said laml premises or mine or by reason of the want of water or on aeoount of having too much water upon or in the said land premi~s or mine or for want of machinery or (when a company are the beneficial owners bf the said land premises or mine) from exhaustion of capital of the company or the necessity for the reconstruction of such company or for from or on account of any other cause whatever which the Governor in Conncilslmll deem sufficient the lessee h executors administrators or transferrees shall be unable to employ the number of men hereby eovenanted to he employed the Governor in Council may hy order in writing if he shall think fit but not otherwise from time to time waive and dispense with the compliance of the covenants for the employment of workmen itnd miners and respecting the working of the mine for any period noL exceeding six Cftlendar months. .

27. And lastly that if the lessee h executors administrators or transferrees sh!l-!1 at any time during the said term fail to n~e such laud bona fide for the purpose for which it has been demised or if and whenever the said rent or any other payment hereby covenanted to be made shall he in arrear for ten days after the time appointed for payment thereof whether the same shall have been legally demandecl or not or if and whenever there shall be a breach of or non-compliance with the covenants and provisoes herein con­tained by the lessee h executors administrators or tmnsferrees the Governor in Council who alone and finally shall judge and determine the matter upon the evidence or reports submitted by the Minister of Mines for the time being may declare these presonts void and upon publication in the Government Gazette of notice of snch·declarati<:m all the right title and interest of the lessee h executors administrators or transferrees under these presents shall cease tmd determine both at law and in equity and the production of a copy of the Government Gazette containing a notice purporling to be signed by the Secretary for ~lines declaring the lease void shall be conclusive evidence in all courts whatsoever in the said colony of a breach of or non-compliance with the covenants and prqv:isoea herein cont,~ined sufficient to authorize and sustain such declaration having been lawfully made and that the interest created hereunder has been lawfully determined by re-entry by Her Majesty Her heirs and succe~sors or Her or their agents or officers and thereupon Her Majesty Her heirs and successors may repossess and enjoy the said land an\'!. prf)mises as if these presents had not been made.

In witness whereof His Excellency · of the colony of Victoria and ita dependencies bath on behalf of Her Majesty the Queen caused the seal of the said colony to be affixed to this grant and a.lso set his hand the day: and year first above written and the lessee ha also set h hand and seal , .

FIRST SCHEDULE WITHIN REFERRED 'rO,

SECOND SCHEDtrLE Wl'rHIN REFERRED TO.

SCHEDULE J.-(RtrLE 34 (a).)

FoR~r OF MINEltA.L LEASE. This Indenture nmde the . day of · i.n the yea.r.of Our Lo~d

One thou.sand eight hundred and ninety between Her Most GracioUB Majesty Queen Victoria of the one part and (hereinafter called the lessee ) of the other part witnesseth that in consideration of the rent hereinafter reserved and of the covenant~ and provisoes hereinafter contained Her Majesty doth by these presents grant and demise unto the lessee h executors administrators and transferrees all those inines veins seams of in and under all that piece of land particularly described in the First Schedule hereto and as the same is set forth and delineated in the plan hereon indorsed and therein coloured yellow and eontaining · . more or less (hereinafter called "the said mine") and also all that piece of land described in the sa.id plan as bounded by lines coloured blue containing more or less for the purpose of mining for working and winning the said mineral or metal with full power to the lessee h executors administrators and transferrees and their agents and workmen to dig pick make and use on the said land and mine hereby demised excavations pits shafts levels water-courses and other works necessary for working and winning the said mineral and metal in or under the said land coloured yellow and to take and appropriate the same during the term hereby gmnted and to make and construct on the land hereby demised races drains dams reservoirs roads and tramways and also to erect on the same land all buildings engines furnaces pumps machinery and things necessary for winning and obtaining the said and for effectually carrying on the works of the said mine and also to erect on the land hereby demised such offices cottages and dwelling-houses for the use of the persons and workmen employed in the. said mine and works as the said lessee h executors administrators and trana· ferrees shall think fit together with all and singular shafts levels drifts ways works fixtures erections liberties casements adv!tntages and appurtenances which are now or at any time during the term hereby granted may be held occupied or enjoyed with the said mine and land hereby demised for the purpose of working the said To How the said mine land and premises (subject nevertheless to such rights interests and autho. rities as may be lawfully subsisting therein at the date of these presents) unto the said lessee h executors administrators and transferrees from the date hereof for the term of years next ensuing .for the purpose of working and winning the;~ said . and for no other purpose· Yielding and paying therefor yearly and every year during the said tenn unto Her Majesty Her heirs and successors the yearly rent of by equal half-yearly payments of each to be made in advance the first of such payments to be made on the day of the date hereof and the next payment to be made on the day of then next the said rent to be paid clear of all rates taxes and assessments to which the premises hereby granted are now or at any time during the said term may he subject or liable And the said lessee do hereby for h msel h heirs executors administrators and transferrees covenant with Her Majesty Her heirs and successors in manner following (that is to say):-

1. That the said lessee h executors administrators and transferrees shall and will during the said term pay unto Her Majesty Her heirs and successors the rent bereb~ reserved at the times and in manner herein before appointed for payment thereof clear of all deductions.

2. Aml also shall and will make constmct and work the said mine in a fa.ir skilful and workmanlike manner according to the mode of working mines of a similar character,

17 a. Aild also shall and will employ in the construction of the works or in mining

Operations in or under the premises hereby demised during the first month of the said term and during the usual hours of labour able and competent workmen and miners at the least not being Chinese and during the remainder of the said term not less than such workmen and miners not being Chinese unless prevented· by inevitable accident or during the execution of repairs.

4. And also shall and will during the said term effectually drain the said mine and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof and if the said mine shall be affected or liable to be affected by the same flow or body of water as any other mine or mines contiguous thereto shall and will contribute with the lessee or lessees or owner or owners of such other mine or mines a reasonable proportion of the machinery and labour necessary to free and keep free such mine or mines from water to a workable extent or if the said mine shall be kept free from water to a workahle extent either wholly or partially hy means of the machinery and labour of a contiguous mine or mines then shall and will pay for and on behalf of the lessee or lessees owner or owners of such contiguous mine or mines a reasonable proportion of the expense of such machinery and labour the Minister of Mines for the time being to depute some efficient person who shall have access to and inspection of all such mines to determine when the said mine is so freed or kept free wholly or partially from water and what are the reasonable proportions of the expenses aforesaid and to whom and when the same are to be paid such decision to be final and conclusive on all parties.

5. And also shall and will make such provision for the disposal of the detritus dirt waste workings or refuse of the said mine that the same shall not be an inconvenience nuisance or obstruction to any roads ways rivers creeks or private or Crown lands or in any manner occasion any public or private damage or inconvenience.

6. And also shall and will make such provision for decency and the observance of sanitary regulations as the Minister of Mines for the. time being shall approve of or direct.

7. And also shall and will erect and keep erected during the said term posts not less than two feet six inches above the ground and painted white and red so as accurately to define the boundary lines and angles of the said mine and land respectively so that each post shall be visible from those nearest to it on each side.

8. And also shall and will if required by the Minister of Mines erect and keep in repair a substantial wall or fence round each of the shafts at any time during the said term open or used for the purpose of the said mine so as effectually to prevent all accidental access thereto and when the Minister of Mines for the time being or other person authorized in that behalf shall consider any such shaft unnecessary and Shall by certificate under his hand notify the same then shall and will effectually fill up and sub­stantially enclose the same.

9. And also shall and will whenever required so to do during the said term make and deliver to the Secretary for Mines for the time being or· other officer appointed for that purpose all such true and proper plans and sections returns statistics and particulars made up to the last day of the preceding month of the workings and operations of the said mine and as to the number of men (if any) employed and the nature of the work done as shall be in accordance with the rules and directions from time to time issued by the Minister of Mines or other officer authorized so to do the same to be accompanied with a statutory declaration of the truth and correctness thereof by the lessee of the said mine h executors administrator or transferrec or such other person as the said Minister shall from time to time direct.

10. And also shall not nor will work or mine for any other metals or minerals than those hereby specifically demised unless or until legally authorized so to do and shall not nor will use or occupy or permit to be used or occupied the land hereby demised for other than the mining purposes aforesaid or for pasturage or garden ground for the persons employed in on or about the said mine.

ll. And also shall not nor will cut any timber on the land hereby granted except for the mining operations hereby authorized and for the domestic purpOses of those residing on the said land. .

llA. And shall not nor will cut or remove or permit to be cut or removed from the said land any live trees which at the height of three feet from the surface of the ground are of less diameter than twelve inches and shall not nor will remove or permit to be re· moved bark from such trees.

12. And shall not nor will assign underlet or part with the possession of the said land mine and premises or any part thereof or mortgage charge or encumber the same without the licence of the person for the time being authorized to grant leases of Crown lands for mining purposes. Provided that no such licence shall be necessary in cases when a sale of the said land mine and premises or any part or parts thereof is made by any person or persons entitled to sell the same for the benefit of creditors or a creditor of the lessee or h transferrees.

13. And also shall and will at all times during the said term keep and preserve the said mine and premises from all unnecessary injury or damage and also the levels drifts shafts water-courses roads ways works buildings erections and fixtures therein and thereon in good repair and condition except such of the matters and things last aforesaid as shall from time to time be considered by a mining surveyor or other proper officer to be unnecessary for working the said mine or any contiguous mine and in such state and con­dition shall and will at the end or other sooner determination of the said term deliver peaceable possession thereof and of all and singular the premises hereby demised to Her Majesty Her heirs and successors or to the warden or other officer authorized to receive possession thereof.

14. And also shall not nor will close up or obstruct any adit or adits to or from any contiguous mine or mines whereby fresh air is admitted or ventilation promoted.

15. And shall and will during the said term make reasonable and proper compensa­tion to the occupier or occupiers or lessee or lessees from the Crown of any adjoining land in respect of any damage which may be sustained by him or them by the working of the said mine or the carrying on the works thereof or by any other works connected therewith sueh compensation to be determined by the Minister of Mines or other person authorized by him so to do.

16. And also shall and will permit the Chief Mining Surveyor or his deputy or other duly authorized person with all proper assistants at all reasonable times during the said term quietly to enter into and upon the said mine land and premises to survey and examine the state and condition thereof and for the purposes aforesaid to descend all pi is shafts and to use all roads ways engines ropes machinery gear labour and all other things

No. 163, B

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i ~..Or'aa Jlh&,89.id:mine ~d land w~1i:ch $hall be:de~\1<1-neceasa.Il' by~i!llwithootqne~\dng !-DY compeii!lation fo:.:.tlte_ ~. e-.B<rae_vel'thele81!. -~t ~so_ ~oing na~r.y_. inl;edet~ af.oa.used w1th the carrymg on the wofb.of the sald-mln{! •. 1 : • -. • ,

' 17: · · Arid~alsb.!lhil:lll).nd will keep'a~ue a,ccount of the quantitrof ·!llU millemls worked o.nd wmi'iind whil:lh 'i!hli.ll be brought to the mouth of'the sail} !lime and Will not remove: tlte' s&me'Oi.- a.tiy pa.rt thereof from the said land until the same shalt have been valood .lf.tl( hereinafter provided. ·

: 18! · And lastly shall and· will observe perform and fulfil•· the· stipulatiOi:i_s ·covenants and pr6V:isoea which may be contained' in the Second Schedule hereto. Pr.g,vided ahvays and It. is hereby ·agreed between the parties 'hereto:- . .. · ;

~~~ That it sJiall be laWful for' B~ Majesty It~r heirs anq suocessorlil tp. make_ and . . ase in on or under the said mine and land any levels drift.s leads shafts water-coursea adits roads ways and passages for freeing and, keeping free any other lands.or mines fro)ll .. water or for coll:veying water to any other lands or mines for mining purposes or for supplying any o~her mines wiili fresh air or for effectually working any ot.iher mines or for any .o_ th. er public J?Urpose whatsoever ca,using as little damage obstructipn Or interferenoo)ol! P9S• sib le ti1 or with ~he said mine or the wprks thereof. · ·

. 20. And.that it shall be lawful for Her Majesty Herhei.i-S' succesaors'.and assigns t6. take carry a.wa.y p.I1d ,use. any slmd stone gravel elay or timber in on or ulider thll' said land for o.ny public purpose whatsoever and aiJ proper facilities for the purposea aforesaid slum • be given by the lesl!ee .. h :executors .administrators and transferfee_.s and if at any time durii.Jg. the_ sa_ id,ti!I1U.an_. y par._t o~ par_.ts qf _the_.!!&.. id_ 1_ 11nd. !_lh:ed f~J_r _a_nY_ rail_ :_way r~%1 ~al w.a.tllr:Qj:lU.I'SJ? rel.\eP:olr 9:r (Jif.lf j;l!,(bl~c purJ!QSe . wfnl f\)r_ J!h.e G\)V~nor for. ~e: time l!eing on. giv_ i!lg thr_ <>e_ !noqtJ_ w' n<itk~J C>f. hi_s_ . ipte,nJ;ioi\ ~o tg_ d_o ~o_· ._e _ _a.l!s ___ e.~,_ 9._e_ . set out the part or parts .of tb_e said l\l<!:td .:which sh;>lJ be so ~:equired and as SO()n as the. same shall be so set out such part or parts of the said land shall cease to be included in the la.nd hereby 'demised:ana the lessee h · · executors 'administrators os: transfetrees shall not b!t entitled to ally abatement of rent or any compensation whatever in :fespecb thereof. · ..

· ~1. And that if the said. rent shall be in arrear twenty-ooo days after the same shall ~a.¥e bec;mne p&yable or if any other sl!'m of mo~ey hereby covellll.Il.ted to. be paid s~all be­m arrea£: tw~ty.;on~ .days after the t1me appornted for payment thereof .whether. slicl! rent or sum of mone;y- shall have been'legs.Uy derhanded or not any bailiff of Crown lands may by l!imself or hlS agents enter uwn the said mine-land aud. premises and seize and dU,traw l\11 minerals l).nd orea actua11y gotten and all macl;tin!lcy a.pparatus tools waggons pads <:arriag __ es eri.gines plant'live and dead stock and all ot.he_ r goods chattels' and __ elfects_ whatsoever in uwn or about the said mine land and premi.ses an,d every distress then wa.cle ~y tak;e away sell and. dispose of asin cases of distress for rent reserved in commopleasea l!diU. Gilt. of the moneys arising thereby retain so rr.uch as shall be sufficient to pay aU expenses of such seizure and sale a.nd all arrears of rent and all other payments which shall be unpaid at the time ofsuch sale and if any surplus the same shall be paid to the J._easee h executors administratvrs or t~nsferrees. . · · · .' _

22. And lastly.that 'ifand',lwheneverthe said renf or~ any other payment hereb)' covenantedto be' made shallbein arrear for ten days after the tinle·appQinted :for payment thereof. respectively whether the same shall have been legally demanded b~ not or 'if and whenever there shall be a ·breach of or non-compliance with the co'l'enants and pro.visoes herein contained on the part of the lessee. h executors adminis­trators or transferrees the Go;vernor in ·Council who alone and finally shall judge and ~~~tel,"i]line the_ !!~&Her may !l~clare these presents void .and upon.pub~1cation in '~h.~ Govemmert,t llazette of ·notice of such declaration :all t)1e right. title a~<l J~ttJre~t o~ Jhe lessee, ' .:h executors administrators or transferrees under these presents shatlceaae and. dete_rUrlneJ;oth at law and in equityp,nd the prmluction:of a copy of ·the ·GQver.nment Gazette conmining a.noticll purporting to.be signed by.the Secretary for Mines declaring the leaee void shall be conclusive evidenee in all courts wh.atso.ever in the oolo:tly of "" bre~h of or u~JJ.:compli!lj!IJ)'e wJth the covenants and ptovisoe~ herein.eontaiqed 11nfficien11 to authorize and sustain such ueclaration having been committed and that the inter!)st created hereunder ha.s been laWfully determined and thereupon it shall be lawful for Her ~jesty. Her .heirs and su,1;eessors or Her or their agents and :officers or for any. l:la;niff of crown 'lands or for any·hotder of a miner's right without any previous .dema.nds what­soever .to enj;er forth.with into. and uwn the said mine Jand apd pre.mises h!lrehy granted and the same to repossess an,d enjoy as fully and effectually as if these presents had nQt been made and the said lessee h, _executors adm,in~tra.tors and transferrees to expel and remove without any legal process and as . effectually as thf) shet:iff might do in ease judgment in ejectment had been · obtained _·and a writ of habere. a,Cias pOssessionem. hil.d been:issued . ori such judgment and in case of such entry and an 1 proceedings taken in respect thereof the defendants in such proceedingi

ve and licence in har thereof and these presents shaH beconclusiveevidenee ve and licence by the lessee h• _ executors administrators· or transferrees ®

other the person or persons plaintiff or piaintiffs in such' proceedings for such entry·or other nmtters complained of in .such .proeeedings. ' · · · . .

In witness whereof His Excellency the Governor of' tile colopy of Victoria bath on behalf of H~ .Majesty the Queen oaused the seal of the said Qolony to 'be affixedto this grantand hath also set his_hand ,the day and year fii·st ll!bove. wcttte" a~d the.!essee. ha a,lso set h . hand and tieal . . . .

sECONIT SCHEDULE WITHIN :REFERl!.ED TO .•

It is herel;>y !urt~er .Provided that. any holder. of a miner's ~ight o.r b,u.sin~~~~ li~;e1loo w~~ l!h~ll mak_e apphcatwn .to the ~lin~ll~r havmg for .the. trme_ be~ng ~h~ge ,of .~!!-l;l. mmmg mterest of the colony may by wr1tmg under the hand of the satd Mm18ter reCeiVe' authority t(> occupy in C()nformity with the provisio:q.11 of the llline.s Act l89Q for purws,es other than min~g such portions .of the snrfaee of the land. hereby demis_ed. a,s may not be actually required for mining operations by tJ:te lessee and such authority may at any tillle be revoked •. Provided also that nothing herein contained shall prevent the occupation of the sulfac~ of _th(j land he):'4}by demised by: persons duly authorized und!lll the provisions of any Act of Parliament now or hereafter to_be in force provid~ tht~.l!; the said occup~J<nts shall not nor wUl obs_tr.nct dsu'\age or interfere with apy shaft .. tram­w;t.y inj.t-chme ()r other _property or e~ro,it_ch on any land abs?h:tely requi~ed for mining purposes by the saitl Ie!lsee 001d the satd lesi!ee sha.II not nor w11l mterfere w1th or encroach on 'any land used bmitt'fide for resitlence oi· cultivation or the growth of crops unless and until- the ~ame sht\11 he required for the proper working of the land the subject: of this' lease. · · · · · · · ·

19

And it is hereby declared by and betwe<Jn the parties hereto that if the Ia.nd.and premises hereby demised or any part thereof shall before the date of these presents have been alienated by Her Majesty either in fee simple or for any less estate the lessee h executors administrators or transferrees shall not.beentitled to anycompensation on that IWCOunt .And that no implied covenant for title or for quiet enjoyment shall arise on the word "demise." It is hereby further provided that the liberty of free ingress egress and re~ress for the purposes of public traffic into over and from any part of the said land not bemg used or occupied by the said lessee for the purpose of this demise is hereby reserved.

SCHEDULE K.-(RuLE 34 (b).) FoRM OF RESERVED LANDS MINING LEASE •

. This Indenture made the day of in the year of our Lord One thousand eight hundred aml between Her Most Gracious Majesty Queen :Victoria of the one part and . . (hereinafter called the lessee ) of the other part Whereas by the 53rd section of the Mines. Act 1890 it is enacted that the Governor in Council in the name and on behalf. of Her Majesty upon application made to hi!n .for that purpose may grantleas'i)s to a11y person of mines in under or upon (ands granted or reserved for railways waterworks public parks places of recreation {)r {)ther public purposes subject to Regulations to be passed by the Governor in C{)uncil and with t.he consent of the Board of Laud and Works. And whereas the land.herein descrlbed is now by virtue' of the Act of the Parliament of Victoria numbered 767 vested in the Victorian Railways Commissioners·: And whereas the lessee ha applied in pursuance of Regulations which have been passed under the said section for a lease of the mines of gold in under or upon the land hereinafter described being laud granted or reserved for . and the Victorian Railways Commissioners (teetified by the affixing to this Indenture of the seal of the said Commissioners y have consented to such lease being granted upon the terms hereinafter contained Now 'this Imleri.tui:e witnes~etli tli!t.t in consideration of the rents hereilk'\fter reserved and of the covenants conditions and pl'o­vis.oes hereinafter contained Her Majesty doth .. by these presents grant and d.emise unto the lesaee h executors administr<ttors awi trausferrees All those mines of gold, in under or upon the piece or parcel of land particularly described in the Fir.st Sl;lhedule_ h~reto and delineated and coloured yellow on the n~ap hereon indorsed .or hereunto anMxed (hereinafter called "the st~id mine") Together with power for the lessee h executors administrators and transferrees but subject to the covenant" conditions and stipulations hereafter contained to drive and use levels and other works necessary for mining the gold under the said land And also on obtaining the written consent of the Victorian Rail­ways Commissioners to erect and construct buildings engines machinery roads or drains on the said land And also if permitted by the Victorian Railways Conl)llissioners to ni!e but without interfering with the said ' or any building thereon so much. of the. said l~nd as shall be sufficient for laying thereon the earth stone m: 9th er substances which may from time to time be gotten from the said mine To HoLD the said mine~ a:nd premises with the appurtenances (subject nevertheless to such rights interests and authori­ties as may be lawfully subsisting therein at the date of these presents) unto the said lessee h executors administrators and transferrees from the date hereof for the term of years next ensuing for t,he purpose of mining for gold ali.d for no othe1• purpose. Y.ielding.and payi~gtherefor yearly and every year unto Her Majesty Her heirs and successors durmg the said term the yearly .rent of by e,qual half:yearly payments of each to be made in advance the ficst payment to .be made on the day of the date hereof and the next pay1r.ent on the . . . . . dayo! .· · next and the succeeding payments respectively to be made on the same days in each snc· ceeding year clear of all rates taxes and assessments to which the said mine and premises are now or at any time during 'the said term may be subject or liable Provided always and it is hereby agreed tha,t if the said half-yearly rent shall be in arrear for fourteen days after the same shall have become payable or if any other sum of money hereby covenanted to be paid shall be in arrear twenty-one days after the time appointed for IJa.yment thereof whether such rent or sum of money shall have been legally demanded or not any bailiff of Crown lands may by himself or his agents enter upon the .said mine and distrain All gold and rock or earth containing gold actually gotten from the said mine and all machinery appamtns tools waggons carts carriages en~ines plant stock and all other goods chattels and effects whatsoever in upon and aoout the said ·mine and ·every distress then made may take a,way sell and dispose of as in cases of. distress for rent reserved in common leases and out t;Jf the moneys arising thereby retain so much as ,shall be sutficicnt to satisfy the said arrears of rent and other sums as afore­!laid and. which shall at the time of such sale be unpaid and all expenses incurred by the said bailiff or his agents in and about the saiQ.. distreas and if there be any surplus the same to be paid to the said lessee h executors administrators or transferr.ees. ;

And the said lessee do hereby for h msel h executors adminis. traters and transferrees covenant with Her Majesty Her heirs and successors in manner following {that is to say):- , .

1. · That. the said lessee h eiecntors administrators and trausferrees sliall and will during the said term pay unto Her :Majesty Her heirs and successors the' flint hereby res.erv<Jd at the times and in manner hereinhefore appointed for payment thereof clear of all deductions.

· 2: And shall and will during the continuance of this demise ex'OOpt when· prevented by inevitable accident or during the execution of repairs diligently explore and search for gold in the said mine and work manage and carry on the said mine and premises to the hest advantage and according to the best and most approved method of working mines of gold without interruption except as aforesaid,

3. And shall and will employ in the construction of the works or in mining operations in the said mine during the first month of the sa.id term and during the usual hours of labour able and competent workmen and miners at the least not being Chinese and during the remainder of the said term not less than such miners and workmen not being Chines.e unless prevented by inevitable accident or during the execution of repairs.

4. And shall and will during the said term effectually drain the said mine and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof and if the said mine shall be affected or liable to be affected by the same ftow or body of water as any other mine or mines shall and will contribute with the lessee or lessees or owner or owners of such other mine or mines a reas.onable propot·tion ,of the tru;tchine~y and lalJour. necessary to free and keep free such mine or mines frem water to a workable extent or if the said mine shall be kept free from water to a workable extent whether wholly or partially by mes!lB of the machinery and labour of any other mine or mines then shall· and will pay for_and on behalf of the lessee or leesees oWJ!er or owqers

10'/

20

of such other mine or mines a reasonable proportion of the expenses of such machinery and labour the Minister of Mines for the time being to depute some efficient person who shall have access to and inspection of all such mines to determine when the said mine is so freed or kept free wholly or partially from water and what are the reasonable pro­portions of the expenses aforesaid and to whom and when the same are to be paid such decision to be final and conclusive on all parties.

5. And shall and will make such provision for the disposal of the detritus dirt waste workings or refuse of the said mine so that the same shall not be in any manner an inconvenience nuisance or obstruction to the said or to any roads ways rivers creeks or private or Crown lands or in any ·manner occasion any public or private damage or inconvenience.

6. And shall and will make such provisions for decency and the observance of sanitary regulations as the said Minister of Mines for the time being shall approve of or direct.

7. And shall and will if required by the Victorian Railways Commissioners erect and keep in repair a substantial wall or fence round any shaft which at any time during the said term the lessee h executors administrators or transferrees, may open or sink on any part of the said land or which may be used for the purpose of the said mine so as effectually to prevent all accidental access thereto and when the Victorian Railways Commissioners shall consider any such shaft unnecessary and shall by certificate under their seal notify the same then shall and will effectually fill up and substantially enclose the same.

8. And shall and will as often as required so to do during the said term make and deliver to the Minister of Mines for the time being or other officer appointed for that purpose all such true and proper plans and sections returns statistics and particulars made up to the last day of the preceding month of the workings and operations of the said mine as shall be in accordance with the rules and directions from time to time issued by the said Minister of Mines or other officer authorized so to do the same to be accom­panied with a statutory declaration of the truth and correctness thereof by the lessee of the said mine h executors administrators or transferrees or such other person as the said Minister shall direct.

9. And shall and will during the said term make proper and reasonable compensa­tion to Her Majesty Her heirs and successors or to the occupier or occupiers or lessee or lessees from the Crown of the said land described in the First Schedule hereto or of any adjoining or adjacent land in respect of any damage which may be sustained by Her him or them by the working of the said mine or the carrying on the works thereof or by any other works connected therewith such compensation to be determined by the Victorian Railways Commissioners or any person authorized by them so to do.

10. And further shall and will at all times during the said term keep and preserve the said mine and premises from all unnecessary injury or damage and shall and will at the end or other sooner determination of the said term deliver peaceable possession thereof and of all and singular the premises hereby demised to Her Majesty Her heirs and successors or to the warden or other officer authorized to receive possession thereof.

11. And shall and will observeperform fulfil and abide by the stipulations covenants and provisoes which may be contained in the Second Schedule hereto.

12. And shall not nor will use or occupy or permit to be used or occupied the said mine for other than mining purposes.

13. And shall not nor will work the said mine or carry on mining operations under the said land in such a way as to endanger any building now erected or hereafter to be erected on the said land or to weaken the support necessary for the surface of the said land for the purpose for which the same is now used and shall leave sufficient soil and support so as to give a good and solid foundation to such surface and to buildings of any kind now erected or which hereafter may be erected on the said land.

14. And shall not nor will transfer underlet or part with the possession of the said mine or the premises hereby demised or any part of the same or any privilege which may hereafter be given under the terms of these presents or mortgage charge or encumber the same without the licence of the person for the time being authorized to grant leases of Crown lands for mining purposes. Provided that no such licence shall be necessary in cases where by operation of law or otherwise a sale of the said mine or any part or parts thereof is made by any person or persons entitled to sell the same for the benefit of the creditors or a creditor of the lessee or h transferrees.

15. And shall and will permit the Chief Mining Surveyor or his deputy or any officer duly authorized by the Victorian Railways Commissioners or the Minister of Mines with all necessary and proper assistants at all reasonable times during the said term quietly to enter into and upon the said mine and premises in order to survey and examine the state and condition thereof and to examine any shafts drives galleries air-ways and water­ways whether within the said land or not or in under or in connexion with any workings within the said land and for the purposes aforesaid to descend all pits and shafts and to use all engines ropes machinery gear and other things in or on the said land and mine which shall be deemed necessary by him without making any compensation for the same and will for the purposes aforesaid at his or their own cost provide such officer and his assistants with all such labour and assistance and afford to him and them all such facilities as he or they may require so nevertheless that in so doing no unnecessary interference be caused with the carrying on of the said mining works.

16. And shall not nor will close up or obstruct any adit or adits to or from any contiguous mine or mines whereby fresh air is admitted or ventilation promoted.

Provided always and it is hereby agreed and declared in manner following (that is to say):-

17. The lessee h executors administrators or transferrees shall not nor will sink any shaft upon or otherwise break the surface of the said land without the sanction of the Victorian Railways Commissioners under their seal and the Victorian Railways Commissioners in granting such sanction may impose such terms and conditions as they may think fit nor shall the lessee h executors administrators or transferrees in any way commence or continue mining operations thereon until after the erection or execution of any wall fence or other work which the Victorian Railways Commissioners shall have certified or shall certify in writing is necessary.

18. The lessee h executors administrators and transferrees shall during the said term duly maintain and repair all such walls fences or works and shall make such additions thereto or alterations thereof as the Victorian Railways Commissioners may from time to time by notice in writing direct.

19. The Chief Mining Surveyor or any other officer authorized by the VictoriaR Railways Commissioners may if he shall think fit so to order that any of the galleries drives u.ir-ways passages water-ways or adits belonging to or used in connexion with the

21

said mine whether the same be within the said land or not shall be stowed and may from time to time by order in writing direct that such engineering or other works whether of masonry or otherwise be constructed and erected as in his opinion may be required for the support of the surface of the said land or any land adjoining thereto or as a precaution against any contingent damage to the and as shall be specified in such order and the lessee h executors administrators or transferrees shall upon receipt of such order forthwith proceed and with all convenient speed continue until the same shall be completed to execute at his or thei;r own costs and charges to the satisfaction of the said Chief Mining Surveyor or such officer to be testified by him in writing all such works as shall be so specified.

20. Such Chief Mining Surveyor or such officer may by any such order as last aforesaid direct that the lessee h executors administrators or transferrees shall deposit with the Receiver and Paymaster at such sum as such officer shall think sufficient as security for the due performance of the works last aforesaid and the lessee h executors administrators or transferrees shall and will forthwith deposit such sum accordingly the same if not applied or such part thereof as shall not be applied as hereinafter in that behalf directed to be returned to the lessee h executors administrators or transferrees.

21. If the lessee h executors administrators or transferrees shall fail to make any auch deposit as aforesaid or if whether the same shall be made or not he or they shall fail to proceed or to continue to execute such works as last aforesaid and in manner as herein before directed (of which failure such Chief Mining Surveyor or such officer shall for the purposes of this clause be the sole judge) such Chief Miuing Surveyor or such officer may himself proceed to execute such works or such part thereof in respect of which such failure shall have occurred and the costs and expenses of such execution shall from time to time as they shall be incurred be upon the order of the said Chief Miuing Surveyor or such officer to the said Receiver and Paymaster to that effect defrayed by the latter out of any sum which may have been deposited as aforesaid so far as such sum will extend and in case the same shall not be sufficient for the purpose or no sum shall have been de~osited such costs and expenses (of the amount of which a certificate of such Chief Minmg Surveyor or such officer stating the same shall be conclusive evidence in all courts whatsoever in the said colony) may be recovered against the lessee

h executors administrators or transferrees in any proceeding at the suit of Her Majesty Her heirs and successors But nothing herein contained shall render inapplicable or in any way affect any of the provisions hereof in regard to forfeiture or otherwise for non-performance of the covenants and conditions herein contained.

22. Notwithstanding the due -performance of all covenants and conditions on the part of the lessee the Victorian Railways Commissioners or any officer by them there­unto authorized may for the protection of any public work at any time by notice in writing direct the lessee h executors administrators or transferrees to discontinue mining OJ?erations immediately or at a time to be named in such notice and on service of such notwe on any person engaged in mining operations upon the said land or on posting the same thereon or on some place where it can be seen thercfrom all mining operations by the lessee h executors admiuistrators or trall8fcrrees shall be discontinued as by such notice required and non-compliance with the directions thereof by any person upon the land shall be ground for forfeiture and re-entry under clause 26 of this lease and such directioll8 shall remain in force and all mining operations shall be suspended in accordance therewith until the same shall be revoked by an Order of the Governor in Council and whether such direction may or may not have been necessary for the protec­tion of any public work the lessee h executors administrators or transferrees shall not be entitled to any compensation by reason thereof.

23. It shall be lawful for Her 1iajesty Her heirs successors and assigns to make and use in on or under the said land any levels drifts leads shafts water-courses ad its roads ways and passages for freeing and keeping free any other lands or mines from water or for conveying water to any other lands or mines for mining purposes or for supplying any other mines with fresh air or for effectually working any other mines or for any other public purpose whatsoever causing as little damage obstruction or interference as possible to or with the said mine and the works thereof.

24. And it shall be lawful for Her Majesty Her heirs successors ami assigns to take carry away and use any sand stone gravel clay or timber in on or under the said land whether the same shall interfere with the working of the said mine or not for any public purpose whatsoever and all proper facilities for the purposes aforesaid shall be given by the lessee h executors administrators or transferrees And that if at any time during the said term any part or parts of the said land shall be required for sale or any railway road canal aqueduct water-course reservoir or any public purpose it shall be lawful for the Governor for the time being in Council on giving three months' notice of his intention so to do to cause to be set out the part or parts of the said land which shall be so required and so soon as the same shall be so set out all interest to mine thereunder at law or in equity in such part or parts of the lessee h executors administrators or transferrees shall cease and he or they shall not be entitled to any abatement of rent or any compell8ation whatever in respQct thereof ..

25. And that if the lessee h executors administrators or transferrees shall prove to the satisfaction of the Governor in Council that on account of unexpected or unfore­seen difficulties in exploring or working the said mine or premises or by reason of the want of water or on account of having too much water upon or in the said mine or premises or for want of machinery or (when a company are the beneficial owners of the said mine and premises) from exhaustion of capital of the company or the necessity for the reconstruction of such company or for from or on account of any other cause whatever which the (',overnor in Council shall deem sufficient the lessee h executors administrators or transferrees shall be u:hable to employ the number of men hereby covenanted to be employed the Governor in Council may by order in writing if he shall think fit but not otherwise from time to time wai vc and dispense with the compliance of the covenants for the employment of workmen and miners and respecting the working of the mine for any period not exceeding six calendar months.

26. And lastly that if the lessee h executors administrators or transfcrrecs shall at any time during the said term fail to use such mine bona fide for the purpose for which it has been demised or if and whenever the said rent or any other payment hereby covenanted to be made shall be in arrear for thirty days after the time appointed for payment thereof whether the same shall have been legally demanded or not or if and whenever there shall be a breach of or non-compliance with the covenants provisoes and conditions herein and in the Second Schedule contained by the lessee h executors administrators or transferrees the Governor in Council who alone and finally shall judge and detennine the matter upon the evidence or reports submitted by the Minister of Mines for the time being may declare these presents void and upon publication in the Government Gazette of notice of such declaration all the right title and interest of the lessee h executors administrators or tra1111ferrees under these presents shall cease

lU~

and determine both at l&w !md in equity Md th:e"ln•odu(llion of ~cO'py (jf ih_ ~-'G'otJermtlettt Gazette containing a notioo purporting·t? be•signl;ld by thecSeoreta!Y'f_or'Mineslieelkfag the lease void shli.ll;be conclusive evitlenee in ttll oourts' whati!<OOV"et"in ~th&'llll.td·colony 4:1f a breach of or non,compliance with the covenants and provisoes herein contained sufficient to authorize and sustain such declaration as having been .lawfully made 1md tho.t .. the interest created hereunder has been lawfully determined and thereupon it shall be lawful for Her Majesty ·Her -heirs and successors ·or Her· or their agents or officers or for any ooiliff of Crown lands or for any holder of a miner's right who has the permission therefor of the Minister of Mines ·for the ti.Ille being without any previous demand whatsoever to enter forthwith into and upon the said mine and premises hereby granted an_ d. ___ the s_a.m_ e t. o re __ pos .. s_e __ ss __ a_ nd_ em_Jooy __ .!IS_._ fu-lly an_ ~ efl't!ctually_ to an __ intents_. a.n_d P.~_-_ e_s as if t!:u~se prese~t,a ,hail no~ ,be~n.Il"j~e ,anc;J. -~~-~ sy.td lt!\'See. ..Jl. exec~tors adJl!mistrat!>rs axW- trarii]ferJiPill!.,to ,e;x:pel.and rem~ve :vithout li.Il ces~ and as effe.~:tJ;ally as the shpriff n.ngpt do m ,c~e ju,dgnwp,~ ~ l))~t . . q\>ta!Jled :.IUld 11. '\Vl'l~ of_.~~~~ll /aciruJ p<IB8eBSiom<m.4~tdJ!C!ln.,wll\led on lll!-<lh ... jn C~;~Se, of S\lcll,.en}ry J.1nd aJlY legal proeeed,ings f.!!.lqm in rtlflPC"t . _ li.IlW \n ~uQh p~qil}gs ma.y p~ lea.v~ and licence in bar tht!r~f a,n_ tpeae presents _sh!illlJe qoJJ,elu,siye.,evi)ienceo.f \1\Ul~ leave and licence by the lessee h executors administra..J;o;JCS; l\Jld.:tJ"l!inl\f'~e,e!i;QF, .. ()~~ the pe!'llpn or persons pl11,intiff J>r plain:ti!i\1 in ~.uch p,rO<leeilh.igs Jor .suoh ,e~try or oilier matterll complained of in such proceedings. · · ·· ·

In w:itnll!lS ~hereof ;Hi,s El,l;\lllllt!:Q.cy, . . - • :· .... ". . , rt ., , ., " . , ·:~~Jr. op.. behalf of Her M:ajesty the Q.ueen caused.the. Se.!!,l of. ~.hP aa.~~- ""oto;nyJ<:~_b~ d tq ~bJtl Grant and.also set his hand 'the 'day and year first above written e,nd the e 'h:a also .set . h hand and seal. •. . · .. . , :. , .. , . . · . . ' _. . ..

The Common Seal of the Yi~torian Railways Commiss~otie!'ll W:!li! Alll'eiu,:rtq ~!Uii:~e~ the day pf One tho11saud, eight, h\\ndred and.u~ety- .Jl1 the presence of- · .. · · · · · · · ·

(;hairlJ.llltl. Member.

Signed sealed and delivered by the ahove-uanied · in the presence of-

i'IRST SCHEDULE WITHrN REFERRED TO. _ .. _,

SECOND SCHEDULE WITHIN REFERRED TO.

[SCHEDULE L.~(RULE 41.) FoRM oF AwARD oF CoMPENSATlON •.

In the matter of the application of the 'underna.Ined parties for a 1~ undeli' the .Mines Act 1890, and of the compensation to he paid to .A. B., of [descn'ptiQ'n and residence}. · · · · · _ · · -.

I, C. D., warden of the gold-fields, acting for the ti.Ille being in the . , · division of the mining district of . , do award and determine tl\<~;t the amount of compensation to be paid by the undernamed party [or parties] to the 8(\fi'l A. B. for the buildnig [or buildings or i.Illprovements] erected' [or made] by him ~;~n the land 'occupied by hi.Ill for the purpose of residence if such land or any part thereof shall be included in the lease which has been applied for by the undernarned parties. is pounds.

E.F., G.H., &c. C.D.,

SCHEDULE M.-(RULE 49.) FoRllr oF 'PowER~O,F-ArioB.;m.Y.

Warden.

Know all men by these prea.ents that!, A. B.. [or we A. B. -.and-O.D.l do.hereby.mak&, nominate, constitute, and appoint, and in my [or our] place or stead put. E.F. of· ~reBi­dence and additio•n] to be my [or our] true and lawful attorney forme [<J1'us) .and 11ea.l, and take delivery of the lease which shall be issued by the Governor, and for me.{oi- .u,J and in my name [or{)ur names]to enter into allauch covenants and ag:veernents ·as, I {w we] shall be required to enter into in and by the said lea.sC)'and generally for me [on·.us] and in my name [or.our names) to do, execute, and perform all suoh other acts, 'deeds, and things as may he necessary or may he required to be done, &KtJCuted,.or perfonned in. and about the applica.tion for and ex-ecution !)f.such -lea.se ;.and I [or we] ·do herehy ratify and confirm all and whatsoever the said E. F. shall lawfully do, or caus_e to ~ done, in or about the premises by virtue of this power. . . , . ,: .

In witness whereof I [or we] have hereunto set my hand and seal [or, o;~qr hands IUld seals] this day of 189 • .

Witness-A justice of th~ peace.

SCHEDULE N.---;(RuLE 50.) FoRM oF ~ICII:NCE.

To all to whom these presents shall come, I [name and title of Ooveroor or Ojfteer administering the Government] of the colony of Victoria, send greeting: . Whereas by an Indenture dated the _ day of . _ One thousand eight hundred and _ , alease of certain Crown land, described in ·a !\Chedule to the said Indenture, was granted to : : of . . . .. in the sa.id colony, for the term of years from the day of the date of the said Indenture, for mining purposes as therein mentioned, but subject to a covenant not to make any tramfer thereof without the licence of the person for the ti.Ille being atlthorized .to ,grant leases of Crown lands for mining purposes! And whereas the said · · {or A. B.) [whoalleges himseif(or themselves) to be the present lawful holder of the said lease] ha applied to me for my consent. as the person for the ti.Ille being so. auth·orized as aJorea.aid, to transfer the said lease, or [if a part, describing the part of.the prtmlises included in the lease (part of the premises comprised in the said lease)] unto

of in the said colony for the residue and remainder of the said term of years subject to tlie rent reserved, and to the performance of the covenants and conditions an-d stipulations of the said learte: Now know ye and these presents witness that I, the said as the J>Crson so authorized as aforesaid, do hereb;Y COIJ.B~lJlt to the making and execution

23

of such tmnifer. Provided nevertheless that this licence and consent shall not be con· strued to extend to giving the said permission to make any further tmmfer under lease or disposition of the said land and premises, or any part thereof, without the further licence of the person for the time being authorized to grant leases of Crown lands for the purpose of mining: In witness whereof I have hereunto set my hand and seal this day of in the year of our Lord One thousand eight hundred and ninety·

SCHEDULE 0.-(RULE 53.) To the Honorable

The Minister of Mines,

Sir, day of 189 .

I [or We] the (holder or holders of a. miner's right or rights] beg to inform you that the holder [or holders] of a lease [describe it] has [or have] committed a breach of the covenants of the said lease by [state how] and I [or we] apply for an inquiry.

In the event of the said lease being declared void I [or we] apply for a lease of the land held under the said lease. [If part of the land is only required, the part should be described.l

I [or We] have lodged with the clerk of the warden [or as the case may be], whose receipt• is hereunder, the sum of Five pounds sterling as costs of the inquiry, if granted.

* Received from the inquiry herein, if granted.

[8ignature.]

the sum of Five pounds sterling as costs of

Clerk of the Warden [or as the ca8e may be].

SCHEDULE P.-(RuLE 48.)

FORJII OF LICENCE TO WORK ADDITIONAL METALS OR MINERALS,

I, .A.B., Minister of Mines for the colony of Victoria, hereby authorize you, C.D., the present legal holder of the lease granted by Her Majesty the Queen to

and dated the day of 189 , to work and win in the mine comprised in such lease for the [minerals or metals], in addition to those mentioned in the said lease, for the residue of the term thereby granted; and that the covenants, provisoes, and agreements in the said lease shall be applicable in all respects to the [mineral or metal] hereby authorized t{) be worked; and that the said lease shall be read throughout as if the said [minerals or metals] hereby authorized to be worked were demised by the said lease.

Dated this day of 189 . .A. B.,

Minister of Mines.~

.And the Honora.ble David Mortimer Davies, Her Majesty's Minister of Mines for Victoria, shall give the neces<;ary directions herein accordingly.

G. WILSON BROWN, 2817/90. Clerk of the Executive Council.

JJy .-}nthority: ROJlT. S. JJRA!ll, Government Printer, Melbourne.

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