Mining Act 1904 definition
Examples of Mining Act 1904 in a sentence
TO ALL TO WHOM THESE PRESENTS shall come GREETING: KNOW YE that whereas by The Mining Act 1904, power is given to the Governor of Our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining for coal thereon AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN COLLIERIES LTD.
Reference is also made to s.283 of the Mining Act 1904, which enables employees working on a mining tenement to claim a lien for unpaid wages up to four weeks as a first encumbrance on the tenement.
This act came into operation on 1 January 1982 alongside the associated Mining Regulations 1981.27 It replaced the ‘old’ Mining Act 1904 (WA), which was the first substantive legislative instrument regulating mining activities in the state.
Clause 4(3)(a)Provides that the mineral leases currently held under the State Agreements (i.e. the Agreement Mineral Leases as listed in the schedule to the Termination Agreement) will continue in force subject to the Mining Act 1978 (i.e. such leases granted under the Mining Act 1904 are effectively transitioned to mining leases under the Mining Act 1978) and will cease to have the benefits conferred by the State Agreements.
These rights and activities also remained over land covered by gold mining leases issued under the Mining Act 1904 (WA), quarrying areas and Mining Act 1978 (WA) mining leases, general purpose leases and miscellaneous licences.
The majority of the High Court (Gleeson CJ, Gaudron, Gummow and Hayne JJ) held there was no evidence of any traditional aboriginal law, custom or use relating to minerals (assuming ochre is not a mineral), petroleum or any of the substances dealt with in either the Mining Act 1904 or the Mining Act 1978.2 Because of the majority’s evidentiary findings, the question of extinguishment did not specifically arise.
These minerals are defined in the Mining Act 1904 (WA); Mining Act 1978 (WA); the Petroleum Act 1936 (WA); and the Petroleum Act 1967 (WA).
Certain provisions of Mining Act 1904 2, etc., and Transfer of Land Act 1893, not to apply to floating 6.
However the majority held that even if a native title right to minerals and petroleum had been established, then those rights would have been extinguished by the operation of s 117 of the Mining Act 1904 and s 9 of the Petroleum Act 1936 which vested the property in those substances in the Crown3.
No. 29 (1898) 28 Oct 1898 28 Oct 1898 Mining on Private Property Amendment Act 1899 31 of 1899 16 Dec 1899 16 Dec 1899 Mining Act 1904 s.