AGY-579 | Barmedman Warden's Court

Full description

In accordance with Section 67 of the Mining Act, 1874 (37 Vic. No.13), the Barmedman Warden’s Court was established by proclamation on 15 July 1882. (1) 

The role and function of the Warden’s Court
An Act to make better provision for the regulation of Mining, 1874 (37 Vic. No.13) provided for the establishment of Warden’s Courts at places the Governor determined. (2) The Courts were Courts of Record and the Wardens had the power to issue summonses and warrants. (3) The Courts had original jurisdiction over the claims concerning a) the possession or occupation of Crown Land by virtue of a miner’s right or mineral lease of license; b) recovery of land, race, drain. dam or reservoir abandoned or forfeited under an Act or regulation and the right to any profits; c) the use, enjoyment and sale of water due to holding a miner’s right or mineral lease or license; d) trespass or damage to property, unlawful abstraction of water and the exclusion of any person from use and enjoyment of water; e) debt or damages consequent to any contract or agreement relating to gold or mineral mining; f) claims to gold and minerals mined; g) contracts and partnerships formed to mine gold or minerals; h) contributions to working expenses or mines; mortgages or assignments of land used for mining purposes i) boundaries of mining leases; j) possession and occupation of mining leases; and any other disputes arising out of the right to mine on Crown Land. (4) The decision of a Warden’s Court was final if the sum in dispute was £50 or less.

The hearings of the Warden’s Court commenced with a summons being issued to the defendant. The summons was to clearly describe the matter in dispute. The case was heard in the presence of all interested parties. (5) Either party could request that two Mining Assessors be present at the hearing or the Warden could recommend this prior to the hearing. A fee was required to be paid for the attendance of the Assessors. (6) The Warden could, on the request of either party hold a matter aside in order to forward a question in the form of a ‘special case’ to the Supreme Court of New South Wales. (7)

Defendants could pay the amount in dispute in addition to the fee for the lodgement of the complaint prior to the matter coming to court and the hearing could be dispensed with. (8)

If the case did not concern a demand for money or damages at the discretion of the Warden and with the consent of the parties it could be heard summarily (without formal proceedings). The decision of the Warden in these cases was final. (9)

Each Warden was to maintain a Register of Complaints listing all of the matters which came before him. The entries were to be arranged in order of appearance and to be numbered consecutively. The Register was to include the names of the parties with their last known address, a summary of the dispute including amount if money was sought. Cases heard summarily were to be included in the Register. A minute recording the decision of the Court was entered into the Register whether a full hearing was conducted or the case was held summarily. (10)

If either party to the dispute was order to pay money to the services of bailiffs, police and other law enforcement officers could be used to enforce payment. (11)

Appeal was available from decisions of the Warden’s Court (other than those for which Warden’s decision was final) to the District Courts in its Mining jurisdiction.

In order to gather evidence and to ensure that justice was done the Warden could seize gold, minerals or earth, enter an adjacent claim, make an injunction or order the deposit of gold. (12)

An Act to legalise mining on Private Lands, 1894 (57 Vic. No.32) extended the jurisdiction, powers and authorities of Mining Wardens beyond Crown Land. (13) In particular Wardens could authorise those in possession of miners’ rights or mineral leases to examine the surfaces of privately owned land. (14) The Wardens heard claims relating to the compensation of the owners or occupants of property if they were unsatisfied with the amount determined by Mining Appraisers. (15)

The Mining Laws Amendment Act, 1896 (60 Vic. No.40) further enunciated the responsibilities of the Warden to include determining whether the land entered for mining purposes was suitable for the mineral concerned; (16) discretion to set a fee payable to the owner for entry to property; (17) conducting inquiries to assess the extent of surface damage and the amount of compensation to be paid prior to the commencement of mining operations; (18) assessing the market value of land resumed for mining purposes. (19)

The Justices Act, 1902 (Act No.27, 1902) set up a process for appeal to the Supreme Court against the decisions of a Warden’s Court when a party believed that there was a mistake in interpretation of law. (20)

Appeal against the assessment of resumed land could be made to the Supreme Court where the appellate court consisted of a Supreme Court Judge and two assessors one appointed by the minister and the other by the owner of the land. (21)

The office of Mining Warden was usually held in conjunction with other offices including Police Magistrate or Clerk of Petty Sessions, but the court was a separate legal identity.

The Barmedman Warden's Court was abolished with the Barmedman Mining Division of the Lachlan Mining District on 1 December 1970. (22)

Endnotes
(1) NSW Government Gazette No.293, 21 July 1882, p.3783.
(2) Mining Regulation Act, 1874 s.67.
(3) Ibid. s.68.
(4) Ibid. s.69.
(5) Ibid. s.70.
(6) Ibid. s.76.
(7) Ibid. s.79.
(8) Ibid. s.73.
(9) Ibid. s.71.
(10) Ibid. s.72.
(11) Ibid. s.84.
(12) Ibid. ss.85-89.
(13) Mining on Private Lands Act, 1894 s.36.
(14) Ibid s.8.
(15) Ibid. ss.16-17 and 20.
(16) Mining Laws Amendment Act, 1896 s.2(a).
(17) Ibid. s.2(b).
(18) Ibid. s.2(d).
(19) Ibid. s.4.
(20) Justices Act, 1902 s.101.
(21) Mining Act, 1906 s.159.
(22) NSW Government Gazette No.153, 27 November 1970, pp.4793-4795.