THE PROPOSED GOLD-MINING ACT.

Evening Star, Issue 3206, 30 May 1873, Page 2

THE PROPOSED GOLD-MINING ACT.

The Bill prepared by the Government to consolidate and amend the laws relating to goldfields has been now before the public of Otago for nearly three weeks, by the circulation of copies to the various newspapers, mining associations, and Athenajums. It has, as yet, provoked no criticism beyond a few comments on its length, and it is therefore proposed here to endeavor to offer such an analysis of its provision as may assist in enabling the public to judge of the nature of the proposed amendments. Judging from past attempts to deal with the subject, it is evidently one of no inconsiderable difficulty. Already three Bills on the subject have been drafted, and failed to secure the approval of the House of Representatives—one by Mr Keddel, formerly an Otago Warden, and more recently acting in that capacity at the Thames; a second was prepared afterwards, based on the report of the Otago Goldfields Commission of 1871; and the third, the one of last session, prepared by Mr Whittaker, and almost identical witji the Act nowin force in the Province of Auckland. Nor is it surprising that a Bill of this character should fail to give satisfaction, when the fact that it is intended to apply to the whole Colony, and affects the revenue and large questions of policy, is taken into consideration. To be successful it has to be so prepared as not to clash with the multifarious land laws in force in the Colony, and the diverse interests of the different mining settlements. A perusal of the present Bill will shew that an attempt has been made to meet those difficulties, whether successfully or not remains to be seen. The peculiarities of the goldfields on Native lands have been dealt with specially, chiefly by re-enacting and consolidating the provisions of the existing law applicable to them. Questions of policy, such as the occupation of land for cultivation, &c. have been dealt with in a similar maimer, the existing law having been adopted with such alterations in detail as the process of consolidation rendered requisite. It does not appear from a careful perusal of the Bill that it is likely to lead to a contest over the land question, unless indeed the Assembly should see fit to desire an (Iteration in the law as it at present stands. This being the case, the principal changes must be looked for in those parts of the Bill that

specially relate to gold-mining, and a slight perusal will suffice to shew that the greater part of its provisions are new at all events in this Colony. Beginning with that portion which proposes to repeal the existing Acts, it will be found that the present Bill is intended to -supply the place of fourteen Acts at present in existence, scattered through the statute-book from the year 18G6 down to last session. Reference has been made to the length of the Bill, which comprises 217 sections besides the schedules. It will be found that the Acts it proposes to repeal comprise nearly 350 sections exclusive of schedules. This being the case and bearing in mind what will be pointe, out hereafter, namely, that the provisions of the Bill are much more ample and comprehensive in many respects than the existing law, and,_ moreover, that it contains several provisions of an entirely new character, excei tion can scarcely be fairly taken to its length. It appears that, notwithstanding the number of Acts proposed to be repealed, care has been taken to preserve existing rights, as a reference to sections 3 and 4 of the Bill will show. The interpretation section has been entirely re-written, and several important alterations made, based, no doubt,, on suggestions which have been offered to the Government by the different mining associations and those gentlemen who have had to administer goldfields lands. The principal of these are under the heads of “ Business,” Water-races,” and “Sluice-heads.” A few new definitions have been inserted, it is difficult to say for what reason, and it seems somewhat doubtful whether the system of attaching artificial meanings to words by means of a long interpretation section in a Bill is a wise one, or tends to make an Act of Parliament clearer in meaning. Of one fact we are certain; that laymen, in attempting to construe an Act of Parliament, are very apt to forget that the words they are reading have not always their natural meaning, but are limited to a special interpretation by some other part of the Act at which they may never have looked. {To he continued.)