VPRS 5101 Mining Warden's Register of Leases and Agreements for Mining on Private Property, Gordon Mining Division

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Background - Mining on Private Property

In 1884 An Act to Provide for the Mining of Gold and Silver on Property was passed. This Act provided that owners of land could enter into agreements or leases with persons wishing to mine on their property. Further research is required to determine the nature of the arrangements for mining on property prior to 1884.

The second schedule to the Act set out the process which was to be followed when an application to mine on property was lodged:

- the application was to be lodged with the local Mining Warden but addressed to the Minister of Mines. Notices of the application were to be placed in newspapers and posted at public offices near the land.

- the Warden was to advise the owner and occupier of the land that the application had been received.

- the Warden then arranged for the Mining Surveyor to survey the land and erect boundary posts.

- objections to the application could be made by any person and were lodged with the Warden.

- regardless of whether any objections were lodged the Warden conducted a court hearing to consider any objections, obtain evidence that certain procedural requirements had been met and make any other investigations the Warden considered necessary. The Court would then be adjourned.

- the Warden sent to the Minister for Mines the application, the surveyor's report, objections and any other evidence along with his own recommendations regarding the application.

- the Minister would in turn forward the application to the Governor in Council who would determine whether to grant a lease. The applicant was notified via the Mining Warden and the granting or refusal of the application was published in the Government Gazette.

This process is outlined in more detail in the second schedule of the Mining on Property Act 1884.

The Register of Mining on Private Property Leases and Agreements

The Mining on Property Act required that a register be kept of all leases and agreements made under the Act. Regulations made under the Act specified the format of the Register, the details to be recorded in it and that it was to be maintained by the Warden having jurisdiction in the Mining District in which the land was situated.

The following details were recorded in the Register:

- the date of the agreement or lease
- the names of the parties (the landowner and the miner)
- the term of the lease or agreement (the length of time for which it was to be effective)
- the area (size) and locality
- conditions of the arrangement such as the amount of rent to be paid to the owner, reimbursement to be paid for surface damage (an amount per acre) or a percentage of the value of the gold mined that was to be paid to the owner.

The volume in the P0 Consignment of this series was orginally processed as VPRS 724, unit 5.