MINING (AMENDMENT) ACT. Act No. 7, 1952. An Act to amend the Mining Act, 1906, as= amended by subsequent Acts, in certain respects; and for purposes connected therewith. [Assented to, 17th April, 1952.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-- 1 . (1) This Act may be cited as the "Mining (Amendment) Act, 1952". (2) The Mining Act, 1906, as amended by subsequent Acts, is in this Act referred to as the Principal Act. (3) The Principal Act, as amended by this Act, may be cited as the Mining Act, 1906-1952. (4) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation,' published in the Gazette. 2 . The Principal Act is amended-- (a) (i) by omitting from section three the definition of "Crown l a n d s " and by inserting in lieu thereof the following definition:--· ' ' Crown l a n d s ' ' means all land within the State, except-- (a) land in the process of alienation from the Crown; (b> Mining (Amendment) Act. (b) land held in fee simple by any person, other than land vested in Her Majesty or in any person holding such land for or on behalf of Her Majesty or as trustee for public purposes; (c) land held under the following tenures, either original or additional: conditional lease not embracing any land reserved or deemed to have been reserved under the pro visions of section one hundred and six of this Act, Crown lease other than Crown lease for pastoral purposes, home stead farm, homestead selec tion, residential lease, special lease other than special lease for pastoral purposes, settle ment lease, suburban holding, town lands lease, week-end lease, conditional purchase lease, irrigation farm lease and non-irrigable lease, and land held under any grant issued in respect of any of the foregoing tenures; (d) land purchased or resumed under the Closer Settlement (Amendment) Act, 1907, as amended by subsequent Acts, or land held under lease under the Closer Settlement Act, 1904, or the Returned Soldiers Settlement Act, 1916, or any Act amending such Acts; (e) land held under lease under this Act; (f) (f) any other holding or land which the Governor may by procla mation declare not to be Crow lands. (ii) by inserting in the same section next after the definition of " J u s t i c e " the following new definition:-- "Lease for pastoral p u r p o s e s " means a lease expressed to be for the purposes of grazing or grazing and t h e giving of access to water irrespective of whether the whole or part thereof may be used for agricultural pur poses. (iii) by omitting from the definition of "Mine"" in the same section the word " p u r p o s e s " ; (iv) by omitting from the definition of " M i n i n g surveyor" in the same section t h e words "licensed surveyor" and by inserting in lieu thereof the words "surveyor registered' under the Surveyors Act. 1929-1946. and who- is"; (b) by inserting next after section three the follow ing new section:-- 3A. Any proclamation made under this Act and in respect of which no provision is made for its variation or cancellation may be varied or cancelled by a subsequent proclamation made in like manner as the proclamation being varied orcancelled. 3. The Principal Act is further amended-- (a) by inserting next after section thirteen t h e following new section:-- 13A. As from the commencement of the Mining (Amendment) Act, 1952, no miner's right orbusiness license shall be issued to, transferred by or to, or renewed by a person under the age of sixteen years. (b) (b) (i) by inserting in paragraph (a) of subsection one of section fourteen after the word " r e s u m e d " the words " o r acquired"; (ii) by omitting from the same paragraph the words "whether vested in His Majesty or in any person as constructing authority o r " and by inserting in lieu thereof the words "whether vested in Her Majesty or in any person f6r or on behalf of Her Majesty or in any person a s " ; (iii) by omitting paragraph (e) of the same subsection and by inserting in lieu thereof the following paragraph :-- (e) lands the subject of an authority to prospect or a pending application for a lease or an authority to prospect under this Act; (c) by omitting from paragraph (h) of subsection one of section fifteen the words ''such horses or other animals as may be necessary" and by inserting in lieu thereof the words " n o r reserved for a temporary common not more than two horses and two c o w s " ; (d) (i) by omitting from subsection one of section nineteen the words "within twenty-eight days thereafter, register the same in the pre scribed m a n n e r " and by inserting in lieu thereof the words "forthwith make applica tion in the prescribed manner for registra tion of the s a m e " ; (ii) by inserting at the end of the same subsection the following proviso:-- Provided that any tenement may be regis tered notwithstanding that application for registration thereof was not made forthwith after possession was taken if it is shown to the satisfaction of the warden of the district within which the tenement is situated that the applicant was prevented by sickness or other sufficient cause from making such application forthwith; (iii) (iii) by omitting from subsection two of the same section the words "register the same in the prescribed m a n n e r " and by inserting in lieu thereof the words "make application in the prescribed manner for registration of the same"; (iv) by omitting subsections three, four and five of the same section and by inserting in lieu thereof the following subsections:-- (3) Every applicant for registration or renewal of registration of a tenement shall produce his miner's right or business license to the mining registrar of the mining division wherein the tenement is situated. (4) Any person neglecting to make appli cation for registration of a tenement being a claim under this Act or a share in any such tenement or to renew the registration thereof shall, if he works or mines on such tenement, incur the penalty hereinafter in this Act prescribed for unauthorised mining on Crown land. 4. The Principal Act is further amended-- (a) (i) by omitting paragraph (b) of subsection one of section twenty-three and by inserting in lieu thereof the following paragraph:-- (b) He may grant leases for any mining purposes of the surface and of the soil to a limited depth below the sur face, or of the soil below the surface between specified depths. Any lease so granted shall specify the mining purposes for which it is granted. Nothing in this paragraph shall authorise mining on the land or the removal of any gold or minerals won therefrom. (ii) (ii) by inserting at the end of the same section the following new subsections:-- (3) Notwithstanding the provisions of subsection two of section fifteen of the Public Roads Act, 1902, the Governor may grant gold-mining leases or mineral leases of land below a depth of fifty feet from the surface of land resumed for road purposes. (4) The Governor may, upon such terms as he may think fit, grant to the holder of a lease for mining purposes authority to use the land comprised in such lease for any other mining purpose or purposes in addition to the purpose or purposes for which the lease is granted and the Governor may vary or revoke any such authority. (5) (a) Upon the cancellation or deter mination of any lease of Crown land situated wholly or in part within the external boundaries of any area exempted from the leasing provisions of this Act, the lands comprised in such lease shall, to the extent to which they are within the external boundaries of the area so exempted, there upon form part of such area. (b) The provisions of this subsection shall not apply to a lease granted to a com plainant following the cancellation of such lease under the provisions of section 124A of this Act. (b) by inserting at the end of section twenty-seven the following new subsection:-- (4) A lease may, at the request in writing of the applicant, be granted to any person named by him. (c) by inserting in paragraph (a) of section twentyeight after the words "applied for, a n d " the words "subject to any conditions or restrictions imposed by the Minister"; (d) (d) by inserting at the end of section thirty the following new subsection:-- (4) In the event of an applicant or his legal representatives as aforesaid carrying on mining operations during the pendency of an application he o r they, as the case may be, shall pay royalty o n any gold or mineral won during such pen dency at the rate which would be payable on such gold or mineral had such gold or mineral been won from land the subject of a lease granted after the commencement of the Mining (Amendment) Act, 1952. (e) (i) by inserting next after subsection (2c) of section thirty-six the following new subsec tion :-- (2 D ) (a) In respect of all gold and minerals won from land demised by lease so granted on or after the commencement of the Mining (Amendment) Act, 1952, royalty shall be paid at such rates as may be prescribed. (b) The regulations may prescribe rates according to percentage of the value of the gold or mineral won, or an amount per ton on all mineral won, or an amount p e r cubic foot, cubic yard, gallon or other appropriate standard of measurement or otherwise howsoever. Different rates may be prescribed in respect of different minerals. In the case of rates according to the percentage of the value of the gold or mineral won such rates shall not exceed one and one-half per centum of such value. In the case of rates accord ing to an amount per ton on all mineral (other than coal or shale) won such rates shall not be less than threepence nor more than one shilling per ton. The rate prescribed in respect of coal or shale shall not exceed ninepence per ton. (ii). (ii) by omitting from subsection five of the same section the words " F o r the purposes of this subsection, leases amalgamated in accord ance with the provisions of this Act, or any Act hereby repealed, shall be regarded as one lease"; (f) (i) by inserting in subsection one of section forty after the words " o r of mining such, l a n d " the words " o r for any other sufficient reason''; (ii) by inserting in paragraph (a) of subsection two of the same section after the words "and of mining such l a n d " the words " o r for any other sufficient r e a s o n " ; (iii) by inserting at the end of the same section the following new subsection:-- (4) A special mining lease may at the request in writing of the applicant be granted to any person named by him. 5 . The Principal Act is further amended-- (a) by inserting in section forty-five in the definition of " P r i v a t e l a n d s " after the word " i n c l u d e " the words and symbols " ( i ) any lease granted under P a r t I I I or P a r t V of this Act; or ( i i ) " ; (b) by omitting paragraph (b) of. the proviso to section forty-eight and by inserting in lieu thereof the following paragraphs:-- (b) cultivation for the growth and spread of pasture grasses shall not be deemed to be cultivation within the meaning of this section unless, in the opinion of the Minister, the circumstances so warrant; and (c) in the case of dispute as to whether land is or is not under cultivation within the meaning of this section the Minister's decision thereon shall be final; (c) (c) (i) by inserting at the end of subsection one of section fifty the following new para graph :-- An authority to enter may be granted by the warden notwithstanding that the appli cant has not complied in every respect with the regulations; (ii) by inserting at the end of subsection two of the same section the following new paragraph:-- (d) if, in the opinion of the warden, the applicant has abandoned his applica tion or by his negligent or dilatory conduct has hindered the disposal of the application within a reasonable time after its lodgment; (iii) by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:-- (3) The time during which such authority is required shall be stated in such application, and the applicant shall lodge therewith a fee of five shillings which shall be paid by the warden into the Treasury and carried to the Consolidated Revenue Fund. (d) (i) by omitting from subsection four of section fifty-seven the words " t h e application" and by inserting in lieu thereof the words " h i s intention to apply for a lease"; (ii) by inserting in subsection five of the same section after the word " m a y " the words "subject to any conditions (including pay ment of rent not exceeding that prescribed by section sixty-four of this Act) or restrictions imposed by the Minister"; (e) by inserting at the end of subsection three of section fifty-eight the following new para graph :-- A lease may subject to the consent of the owner be granted notwithstanding that the land land surveyed does not strictly correspond with the land defined in the authority to enter; (f) by inserting next after subsection one of section sixty the following new subsection:-- (1A) The Governor may, upon such terms as he may think fit, grant to the holder of a lease under this section authority to use the land comprised in such lease for any purpose or purposes in connection with mining in addition to the purpose or purposes for which such lease is granted and the Governor may vary or revoke any such authority. (g) by inserting in subsection one of section sixtyfour after the word " a c r e " the words " o r por tion of an a c r e " ; (h) by inserting at the end of section sixty-nine the following new subsection:-- (8) No lease or agreement of the nature referred to in the foregoing provisions of this section shall be entered into on or after the commencement of the Mining (Amendment) Act, 1952. (i) by inserting at the end of section seventy the following new subsections:-- (11) The foregoing provisions of this section shall not apply to or in respect of any lease or agreement of the nature therein referred to entered into on or after the commencement of the Mining (Amendment) Act, 1952. (12) (a) In this subsection-- "Crown minerals" means gold and other minerals reserved to the Crown; '' privately owned minerals'' means minerals not reserved to the Crown. (b) Where privately owned minerals are associated or combined with any Crown minerals the owner of such privately owned minerals, or any person mining such privately owned owned minerals by agreement with such owner, may in mining such privately owned minerals and notwithstanding anything contained in this Act also mine such Crown minerals as are asso ciated or combined therewith. (c) This subsection shall not apply where the value of the Crown minerals asso ciated or combined with such privately owned minerals and so mined exceeds fifty per centum of the total value of such Crown minerals and privately owned minerals so mined. (d) Where the value of the Crown minerals associated or combined with privately owned minerals and so mined is found to exceed fifty per centum of the total value of such Crown minerals and privately owned minerals so mined such owner or person as aforesaid shall forth with apply for a lease under this P a r t to mine for Crown minerals. Any person who fails to comply with the pro visions of this paragraph shall be liable to the penalty prescribed in section one hundred and ninety-six of this Act. (e) Royalty on Crown minerals won pursuant to the provisions of this subsection shall be payable at the rates prescribed by Divi sion 6 of this P a r t of this Act in respect of Crown minerals. Such royalty shall be payable to the Crown at the times, and in the manner prescribed and may be recovered from the owner or person mining such Crown minerals as a Crown debt. (f) Any person who, otherwise than in pursuance of an authority to enter or a lease under this P a r t or any application therefor, mines privately owned minerals other than coal or shale shall within one month after commence ment of such mining give notice thereof to the Under Secretary for Mines and furnish particu lars of the area being so mined together with a copy copy of the lease or agreement (if any) under which such person is mining such privately owned minerals. (j) by inserting in subsection four of section 70B after the word " a c r e " the words " o r portion of an a c r e ' ' ; (k) by inserting at the end of section 70c the follow ing new subsection:-- (5) (a) In respect of any authority or lease granted after the commencement of the Mining (Amendment) Act, 1952, the foregoing provi sions of this section shall have effect as if-- (i) the words "one and one-eighth per centum" were omitted from paragraph (a) of subsection one and the words "such rate per centum as may be prescribed" were inserted in lieu thereof; (ii) the words "sixpence per t o n " were omitted from paragraph (b) of the same subsection and the words "such rate per ton as may be prescribed" were inserted in lieu thereof; (iii) the words " p a r a g r a p h (a) or para graph (b) of this subsection" were omitted from the same subsection wherever occurring and the words " p a r a g r a p h (a) or paragraph (b) of this subsection as amended by subsec tion five of this section" were inserted in lieu thereof; (iv) paragraphs (i) and (ii) of subsection two were omitted and the following paragraphs:-- (i) one-seventh of the amount paid under subsection one of this section in respect of all minerals other than coal or shale won from the land; and (ii) (ii) one penny per ton of all coal o r shale won from the land, were inserted in lieu thereof. (b) The regulations may prescribe rates according to percentage of the value of the mineral won, or an amount per ton on all mineral won, or an amount per cubic foot, cubic yard, gallon or other appropriate standard of measurement or otherwise howsoever. Different rates may be prescribed in respect of different minerals. In the case of rates according to the percentage of the value of the mineral won such rates shall not exceed one and three-quarters per centum of such value. In the case of rates according to an amount per ton on all mineral (other than coal or shale) won such rates shall not exceed one shilling per ton. The rate prescribed in respect of coal or shale shall not exceed ninepence per ton. (1) (i) by inserting in subsection one of section 70E after the word " m i n e " the words " f o r coal or s h a l e " ; (ii) by inserting in the same subsection after the words " U n d e r Secretary for Mines" the words " i n accordance with the provisions of the Coal Mines Regulation Act, 1912-1947"; (iii) by inserting next after the same subsection the following new subsection:-- (1A) Notwithstanding the provisions of section 70D of this Act or of subsection one of this section an authority to enter or a lease to prospect or mine for any mineral other than coal or shale upon any land referred to in subsection one of this section may be granted where in the opinion of the the Chief Inspector of Coal Mines prospect ing or mining for such mineral may be carried on without detriment to the colliery or to the safety of the persons employed therein. (m) (i) by inserting next after subsection two of section eighty-two the following new subsection :-- (2A) (a) In respect of all gold and minerals reserved to the Crown won from land held under an authority to enter or a lease under this P a r t granted after the commencement of the Mining (Amendment) Act, 1952, royalty shall be paid at such rates as may be prescribed. (b) The provisions of paragraph (b) of subsection (2D) of section thirty-six of this Act shall apply, mutatis mutandis, to and in respect of regulations prescribing the rates of royalty payable under this subsection. (ii) by omitting subsection four of the same section. 6 . The Principal Act is further amended-- (a) by omitting from section eighty-four the defini tion of "Crown l a n d " ; (b) (i) by inserting in subsection one of section eighty-six after the words " a n y other mineral" the words "whether or not such mineral is reserved to the C r o w n " ; (ii) by inserting in subsection two of the same section after the words "one hundred a c r e s " where firstly occurring the words " a n d unless the area applied for embraces the whole of a measured portion it shall be surveyed by a mining surveyor before the issue of a lease"; (c) (c) by omitting from subsection two of section ninety-four the words "such determination" and by inserting in lieu thereof the words " a n y determination to refuse any application or grant a lease"; (d) (i) by inserting in subsection one of section ninety-eight after the word " a c r e " the words " o r portion of an a c r e " ; (ii) by omitting subsection two of the same section and by inserting in lieu thereof the following subsections:-- (2) (a) In respect of all gold and minerals reserved to the Crown won from any land leased under this P a r t before the commencement of the Mining (Amendment) Act, 1952, royalty of one per centum of the value of such gold and minerals so won shall be payable to the Crown. (b) In respect of all gold and minerals whether reserved to the Crown o r not won from any land leased under this P a r t on or after the commencement of the Mining (Amendment) Act, 1952, royalty shall be paid at such rates as may be prescribed. (c) The provisions of paragraph (b) of subsection (2D) of section thirty-six of this Act shall apply, mutatis mutandis, t o and in respect of regulations prescribing the rates of royalty payable under this subsec tion in respect of gold and minerals reserved to the Crown. The provisions of paragraph (b) of sub section five of section 70G of this Act shall apply to and in respect of regulations prescribing the rates of royalty payable under this subsection in respect of minerals not reserved to the Crown. (d) The royalty shall, subject to subsection three of this section, be payable at the times and in the manner prescribed. (e> (e) If the royalty payable in respect of any lease of Crown land during any one year exceeds the rent paid for such year in respect thereof, the amount paid as rent as aforesaid may be deducted from such sum payable as royalty; but if such royalty in any one year amounts to less than the rent paid for such year, the lessee shall not for such year be required to pay royalty. (3) (a) The holder of any lease granted under this P a r t shall at the times and in the manner prescribed pay to the Minister on behalf of the owner of the minerals in such lease not reserved to the Crown the sum prescribed as royalty payable in respect of such minerals. (b) The Minister shall at the times and in the manner prescribed pay to the owner of such minerals the sum so paid as royalty in respect of such minerals less oneseventh of the amount so paid which he is hereby authorised to deduct from such sum; and the amounts so deducted shall be paid by the Minister into the Treasury and carried to the Consolidated Revenue Fund. (e) by inserting next after subsection three of section ninety-nine the following new subsection :-- (4) The Governor may, upon such terms as he may think fit, grant to the holder of a lease granted under this P a r t authority to mine for any minerals in addition to those in respect of which the leasİ is granted and the Governor may vary or revoke any such authority. 7. The Principal Act is further amended-- (a.) by inserting in section one hundred and four after the word "nearest" the word "practicable"; (b) (b) by inserting at the end of subsection one of section one hundred and eight the words " a n d may also contain such special covenants, conditions, reservations and exemptions as may be approved by the Governor"; (c) by inserting next after section 108A the follow ing new section:-- 108B. (1) Where a lease (in this section referred to as the " p r i o r lease") granted under this Act or any Act hereby repealed has expired or been surrendered, cancelled or otherwise determined and any land comprised wholly or partly in such prior lease has, within a period of five years from such expiration, surrender, cancellation or determination, become the sub ject of a lease (in this section referred to as the "fresh lease") granted to any person or persons, who was or were the lessee or lessees of the prior lease, or who is or are substantially the same person or persons as the lessee or lessees of the prior lease, the royalty payable on such fresh lease, shall notwithstanding any thing contained in this Act, be the same as would be payable on a lease renewed in accord ance with the provisions of this Act. (2) In case lessee or lessees of stantially the same the prior lease the final. of dispute as to whether the a fresh lease is or are sub as the lessee or lessees of Minister's decision shall be (d) by omitting subsection one of section one hundred and nine and by inserting in lieu thereof the following subsection:-- (1) Every lease under this Act shall be regis tered with the Registrar, Department of Mines, Sydney, and thereafter every transfer or assignment thereof or of any interest therein (except in the case of an assignment by opera tion of law), and every sub-lease of or tribute or or option contract affecting the land, or any portion thereof, comprised in such lease, or in any lease or agreement registered under section sixty-nine or seventy of this Act shall be sub mitted within the time and in the manner prescribed for-- (a) the concurrence or sanction of Minister and registration, or (b) registration. The Minister may refuse such concurrence or sanction or may grant the same subject to any amendments, modifications, or stipulations which he may think necessary in the public interest to impose. Every instrument, which by this subsection is required to be registered, shall be lodged by such person as is prescribed. (e) by omitting from subsection one of section one hundred and thirteen the words " a majority" and by inserting in lieu thereof the words " n o t less than one-half"; (f) (i) by inserting at the end of subsection one of section one hundred and fifteen the follow ing proviso:-- Provided that the Minister may grant permission to any such holder to furnish such return within such extended time and covering such period as the Minister may determine. (ii) by inserting in subsection three of the same section after the words "prescribed t i m e " the words " o r such extended t i m e " ; (iii) by inserting in the same subsection after the words "twenty-eight d a y s " the words " o r such extended t i m e " ; (g) the (g) by inserting at the end of subsection one of section one hundred and sixteen the following new paragraph:-- On receipt of such report the Minister, if he is of the opinion that the value of the minerals declared in the return furnished in accordance with the provisions of section one hundred and fifteen of this Act is too low, may assess a value for such minerals based on the average selling price in local or overseas markets and royalty shall be paid on the value so assessed. (h) by inserting next after section one hundred and sixteen the following new sections:-- 116A. (1) The Minister may require holder of a lease or other title to mine to-- any (a) establish a trust fund into which pay ment shall be made from sales of gold or minerals, including coal and shale, made by such holder, to meet royalty due thereon, or (b) furnish a suitable guarantee royalty will be paid on demand. that (2) Any person who fails to comply with any requirement of the Minister under this section or to make any payment into the trust fund pursuant to this section shall be liable to a penalty not exceeding fifty pounds and to a further penalty not exceeding five pounds for every day during which such failure continues. 116B. Every holder of a lease or other title to mine subject to the payment of any sum by way of royalty shall pay the amount due as royalty upon demand and if such payment is not made within twenty-eight days of such demand interest at such rate as the Minister may determine may be added to the amount due until it is paid. Any such interest may be recoverable in like manner as royalty. (i) (i) (i) by omitting from subsection two of section one hundred and eighteen the words "obtaining a report from the w a r d e n " and by inserting in bleu thereof the words "investigation and report by the Chief Inspector of Mines or the Chief Inspector of Coal M i n e s " ; (ii) by omitting from subsection four of the same section the words "inquiry and report by the w a r d e n " and by inserting in lieu thereof the words "investigation and report by the Chief Inspector of Mines or the Chief Inspector of Coal M i n e s " ; (j) by inserting at the end of section one hundred and twenty-three the following proviso:-- Provided that the Minister may, in the case of the surrender of a lease in part, approve of the refund or remission of the rent paid or due on the part surrendered during the period subsequent to the acceptance of such surrender by the Governor and prior to execution of the deed of surrender. (k) by inserting at the end of section one hundred and twenty-four the following new para graph :-- A lease may also be cancelled by the Governor upon the written request of the lessee or a majority of the lessees and the cancellation shall take effect on the date notified in the Gazette. (1) by omitting from subsection (1A) of section 124A the word " o t h e r " ; (m) by inserting next after section 124A the following new section:-- 124B. Upon the surrender, expiration, can cellation or other determination of any lease granted under the provisions of this Act or any Act hereby repealed the Minister may authorise the writing off of any debt due to the Crown in respect of rent unpaid on such lease. (n) (n) by inserting next after subsection two of section one hundred and twenty-five the following new subsection:-- (3) Tools, machinery, and improvements not removed from any tenement within twelve months after the abandonment of such tenement may be sold by auction by order of the warden at the risk of the former holder. The net proceeds of such sale shall be paid into the Treasury and held until applied for by such former holder. (o) by inserting immediately before section 128A the following new sub-heading:-- Non-vitiation of lease or authority. (p) by inserting next after section one hundred and thirty the following new sub-heading and section: -- Service of notices on behalf of Minister. 130A. Where under the provisions of this Act or under any regulation, lease or authority, it is provided that notice shall be given by the Minister or by the Secretary for Mines it shall be sufficient if such notice is signed by the person for the time being holding or acting in the office of Under Secretary of the Department of Mines. 8. The Principal Act is further amended-- (a) by inserting at the end of subsection four of section one hundred and forty-seven the follow ing new paragraph:-- Application for an injunction under this subsection may be heard by the warden at any warden's court in the mining district in which the mining division in which the dispute arises is situated. (b) by inserting next after section one hundred and fifty-seven the following new section:-- 157A. If, where no such assessment has been made, any loss has been caused and is likely to be be caused by damage to the surface of any land and to any crops, buildings, and improvements thereon by works carried on in pursuance of the rights conferred by any miner's right, license, authority, lease or application, the warden may is aforesaid assess such loss and order the same to be paid by the holder or applicant aforesaid to any person having interest in the land so damaged. If such payment is not so made the claim, license, authority or lease may be cancelled or the application refused. 9 . The Principal Act is further amended by inserting next after section one hundred and eighty-three the following new section:-- 183A. (1) Every holder of a lease or other title to mine under this Act and any other person carrying on mining, prospecting or other opera tions in connection therewith who may be called upon so to do shall, at such times and in such manner as the Minister may require, furnish such statistics, returns and other information as may be required and shall keep such records as may be necessary for the completion thereof. (2) The owner of every establishment engaged in the treatment or purchase of metals, minerals, or other materials derived from any mine shall, at such times and in such manner as the Minister may require, furnish such statistics, returns and other information as may be required and shall keep such records as may be necessary for the completion thereof. (3) Any information required under this section in respect of any particulars supplied in or omitted from a return shall be furnished within such period as may be specified by the Under Secretary of the Department of Mines. (4) (4) Any officer of the Department of Mines or other person authorised in writing by the Minister shall at all times have full and free access to all mines and to all buildings, books, documents and: other records relating to the production, treatment and disposal of metals, minerals or other materials derived from any mine and may make extracts from or copies of such books, documents or records, and may make such investigations as he may consider proper in connection with the production, treat ment and disposal of such metals, minerals o r other materials. (5) Statistics, returns and information, obtained pursuant to this section, shall be treated as confidential provided that the Minister may cause to be published or other wise made available the results of such statis tics, returns and information with respect to the. whole of New South Wales or any portion thereof and such details furnished on an individual return (other than details relating to working expenses) as he may think fit. (6) Any person who fails to comply with any requirement made under this section or who makes any return or supplies any information which is incomplete shall be liable to a penalty not exceeding fifty pounds. 1 0 . The Principal Act is further amended-- (a) by inserting at the end of section one hundred and eighty-eight the words " a n d any gold, minerals, or metals obtained by such unautho rised mining may be forfeited by the court before which he is convicted of such offence''; (b) by omitting section one hundred and n i n e t y - ' seven and by inserting in lieu thereof the following section:-- 197. (1) Any person who inserts any false particulars in any statistics or returns directed or required by or under this Act to be furnished or made or supplies any false information when directed or required under this Act to supply any. information shall be liable to a penalty not exceeding fifty pounds. (2) If the court before which any person is convicted of any offence against subsection one of this section is satisfied that such false particulars or information was supplied wilfully to evade the payment of royalty such person shall be liable to an additional penalty of a sum equal to twice the amount of royalty payable.