The Westport Times. TUESDAY, SEPTEMBER 3, 1872.

Westport Times, Volume VI, Issue 1001, 3 September 1872, Page 2

The Westport Times. TUESDAY, SEPTEMBER 3, 1872.

The new Goidmiuing Bill, introduced by the Honorable Colonial Secretary, and which has already been read a second time in the House of Representativer, meeting with favorable iveeption from members on both aides, will in all probability become law, subject first to such revival as may be deemed expedient by the Goldfields Committee ; and will cor.fer one great advantage upon the mining community, in so far that it will consolidate the ten existing and contradictory statutes referring to Goldinining, into (•no comprehensive Act. It repeals the whole of the Goldfields Act 1866, with the exception of Part 11, comprising sections 16 to 20, and part V., comprising sections 33 to 40 and section 72 ; t!ie whole of tho Gold, fialds Act Amendment Act 1569 with tho exception of section 2, and the Goldfields Act Amenduu-nt Act 1870. except sections 2 and 8, such ex ceptions refeiring mainly to Waste Lands of the crown, while tho other seven acta relating to goldfields, ineluding the Goldmining Districts Act 1871, and the Goldmiues Drainage Act 1872, are wholly repealed. It is very possible however that the Gold-

fields Committee will devise means whereby the excepted clauses above noted may bo al-o comprised in the new Act, thus repealing ail present (roldfields Acts in toto, and leaving one new and comprehensive statute of trolflfiplda law. The first and most material point of difference in the proposed measure refers to the miners right, now held to be an essential element of title, its absence at any time invalidating the title to mining properly. Under the new act it is proposed to remove any doubt as to the special necessity for a miners right in establishing a title, but it will be still necessary that every one '■ engaged in mining operations " shall be the holder of a miners right, under a penalty for non-compliance. Claims are to bo divided into three classes ; class 1 comprising shallow alluvial deposits ; class 2, quartz lodes, reefs, and leaders ; class 3, deep alluvial deposits, river beds, and all other claims not comprised in classes 1 and 2. Claims comprised in class 1 and 3 will be dealt with by regulations, which will comprise clauses compelling the owners of claims to employ the number of men prescribed by rule under penalty of a money fine on the first conviction not exceeding £2O ; for a second breach not exceeding ,£SO, and not less than £2O; and for the third offence absolute forfeiture of the claim; the Warden being prohibited from inflicting a money fine more than twice. A conviction may be obtained on the information of any person, but to aid in the observance of regulations, it is proposed toappoint Mining Inspectors, whose chief duties will be to see the occupation clauses of the Act fulfilled, and to inspect the underground workings of mines. To the Inspectors also will be deputed the power to authorise, under certain provisoes, mining on private land, and the a.-sessment of compensation to be i paid to the owners thereof. With regard to water rights it is proposed to abandon the present annual registration certificateaud issue licenses of £5 per annum, such licenses giving to the licensees indefeasible right to the exclusive use of races, dams, the water therein, and so much land on both sides, as may be sufficient to secure the safety of such property. It is proposed also to charge in addition £1 per head annually on every sluice-head over two heads. Quartz claims, comprised in class 2, will be held under regulations similar to those at present in force, except that a slight alteration is proposed in reference to notices. The 43rd section of the proposed Act reads : —"All objections shall be made in writing, stating the grounds of objection, and shall be lodged at the Warden's office not less that seven clear days before the day on which it is notified that the application will be granted as aforesaid." And the 4-ith section provides that if any objection is made, not less thansdays' notice of thehearing shall be given to each party. The extent of a quartz claim, held under the license, is not to exceed 30 acres, and the extent of alluvial claims will be fixed by the regulations. Very probably the area cf 100 by 100 will be adopted. The clauses of the bill relating to mining on private property are devised to permit the prosecution of mining thereon, subject to certain statutory regulations protecting the rights of ownership, and exempting altogether from the operations of the Act certain descriptions of freehold. It is provided that " private land on which any house or building is standing, or on which any artificial water race, dam, or rorervoir, in actual use is constructed, or which is bona fide used as a yard, garden, or orchard, or fenced and cultivated field, shall be and the same is hereby exempted from the operation of this Act," and on the question of compensation, section 107 provides that " compensation shall be granted in respect of the matters following, and none other:—(l.) The deprivation of the possession of the land. (2 ) Anj injury reasonably to be anticipated to any such land by means of operations to be carried on thereon or thereunder. (3.) Any injury or depreciation in value reasonably to be anticipated to any adjacent land or property of the same owner arising from or caused by any such operations." The amount of compensation is to be left to the decision of the Inspector, subject to appeal by non-contents to the Warden. With regard to mining on Native lands, the following clause has been introduced :—" It shall be lawful for the Governor to cause to be issued to any person, in such form and on such term? aid conditions as the Governor may think fit, a license to be called a ' prospecting license/ authorising the

person therein named, with the consent of the owner of the land, to prospect and search for gold on any land specified in such license being the property of aboriginal Natives, and not being within any go'dfield or goldmining district." Under tho proposed Act the power is restored, in case of disputes as to rights of ownership or non-_ compliance with regulations, to summons assossors, but it is provided that if the assessors cannot agree within two hours after the question has been left to them, the Warden shall himself decide. Such are the principal points of the new Gold Mining Bill, so far as can be gleaned from the debates and reports thereon. As soon as it becomes law we shall place it, in its entirety, before our readers.