Western Australian Consolidated Acts

MINING ON PRIVATE PROPERTY ACT 1898 - NOTES

Notes

¹ This is a compilation of the Mining on Private Property Act 1898 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Mining on Private Property Act 1898	62 Vict. 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. 4	15 of 1904	16 Jan 1904	1 Mar 1904 (see s. 2)
Reprint of the Mining on Private Property Act 1898 authorised 2 Apr 1954 in Volume 6 of Reprinted Acts (includes amendments listed above)
Reprint of the Mining on Private Property Act 1898 approved 22 May 1958 in Volume 12 of Reprinted Acts (includes amendments listed above)
Reprint of the Mining on Private Property Act 1898 authorised 2 Sep 1966 (not in a Volume) (includes amendments listed above)
Reprint 4: The Mining on Private Property Act 1898 as at 9 Jun 2004 (includes amendments listed above) (correction in Gazette 1 Oct 2004 p. 4283; 29 Oct 2004 p. 4938)

Standardisation of Formatting Act 2010 s. 4 and 44(3)

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

² The Decimal Currency Act 1965 s. 5 provides for existing references to amounts of money to be read and construed as references to corresponding amounts of money in terms of decimal currency. Such references have not been amended in this compilation as they are of historical interest only.

³ Section 55 of the Act was repealed by the Mining Act 1904. It read as follows:

“

55 Power to make regulations

(1) It shall be lawful for the Governor, from time to time to make, alter, and repeal such regulations as may be deemed necessary for the purpose of giving effect to this Act, and for the management of mining on private property generally.

(2) Such regulations may be made for the whole Colony, or for any particular part thereof, and shall be published in the Government Gazette, and after publication therein shall have the force and effect of law, and shall be judicially noticed in every court of justice. Copies of all regulations made under this Act, shall be laid before both Houses of Parliament within fourteen days from the making thereof; and such regulations shall, as from such publication as aforesaid, and in so far as not disallowed by Parliament, be deemed to be within the powers conferred by this Act, and to have been legally and properly made.

(3) It shall be lawful by such regulations to impose for any breach thereof, or for any disobedience of a lawful order of the warden, or Warden’s Court, a fine not exceeding Twenty pounds, and in default of payment imprisonment with or without hard labour for any period not exceeding six months.

”.

⁴ The Goldfields Act 1895 was repealed by the Mining Act 1904.

⁵ The provisions of the Act (other than sections 56 to 62 and the Schedule) were repealed by the Mining Act 1904.