VPRS 3518 Mining On Private Property Leases And Agreements, Mining Warden, Ballarat 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.

This series contains one volume of leases and agreements for mining on private properting. Two leases or agreements are documented on each page.