Coal-mines Amendment Act 1924
Coal-mines Amendment Act 1924
Coal-mines Amendment Act 1924
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Coal-mines Amendment Act 1924
Public Act |
1924 No 56 |
|
Date of assent |
6 November 1924 |
|
Contents
An Act to amend the Coal-mines Act, 1908.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Coal-mines Amendment Act, 1924, and shall be read together with and deemed part of the Coal mines Act, 1908 (hereinafter referred to as the principal Act).
2 Locality-plan to be filed with application for coal-mining lease or license.
Section eight of the principal Act is hereby amended by inserting in paragraph (gg) of subsection one as set out in section three of the Coal-mines Amendment Act, 1919, after the words “does not exceed twenty acres in area,”
the words “a locality-plan in duplicate of the area applied for, with the boundaries thereof defined by a compass traverse connected with a fixed and clearly indicated survey mark, or with the corner of a section or the angle of a road, shall be filed with the application; and.”
3 Conditions governing payment of rents and royalties under leases.
(1.)
The rent under every lease granted under the principal Act shall be payable half-yearly in advance on the first day of January and the first day of July in each year.
(2.)
The royalty reserved under any such lease shall be calculated for half-yearly periods ending on the thirtieth day of June and the thirty-first day of December in each year, and shall, subject to the provisions of this section, be payable within one week after the close of any such half-yearly period.
(3.)
If the royalty calculated in accordance with the terms of the lease for any half-yearly period exceeds the rent for that period, the royalty payable for that period shall be reduced to the amount by which the royalty so calculated exceeds the rent.
(4.)
If the royalty calculated in accordance with the terms of the lease for any half-yearly period does not exceed the rent for that period, but exceeds fifty per centum of the rent, the royalty payable for that period shall be reduced to an amount equal to fifty per centum of the rent.
(5.)
In every case other than the cases provided for in the two last preceding subsections royalty shall be payable in accordance with the terms of the lease.
(6.)
The provisions of this section shall apply with respect to all leases under the principal Act, whether granted before or after the passing of this Act, and notwithstanding anything to the contrary contained in the leases.
(7.)
Section fourteen of the principal Act is hereby amended by repealing paragraph (d) of subsection one thereof.
4 Minister may grant relief to holder of coal-mining lease.
(1.)
Where by reason of exceptional circumstances or unfavourable conditions over which the lessee has no control it appears desirable to grant relief to the holder of a coal-mining lease granted under the principal Act the Minister may, on the recommendation of the Warden or Commissioner as the case may be, postpone the payment of the rent imposed by the lease, or remit any rent due or that may be in arrears, or reduce the rent for such period as he thinks fit:
Provided that in the case of a lease granted over any endowment lands or education reserves, for the granting of which the consent of any person other than the Minister or of any body of persons, is required, no such postponement, remission, or reduction shall be granted without the like consent.
(2.)
In granting any such postponement, remission, or reduction as aforesaid the Minister may impose such conditions as he thinks fit, and in particular may in any case of the postponement of rent require that interest at a rate not exceeding five per centum per annum shall be payable on the amount of rent postponed.
5 Locality-plan to be filed with application for prospecting license.
Section twenty-two of the principal Act is hereby amended by repealing paragraph (b) of subsection two thereof, and substituting the following paragraph:—
“(b.)
The applicant shall file with his application a locality-plan in duplicate of the area applied for, with the boundaries thereof defined by a compass traverse connected with a fixed and clearly indicated survey mark, or with the corner of a section or the angle of a road.”
6 Warden may authorize sale of coal won in course of prospecting.
If in the course of bona fide prospecting operations marketable coal is raised by the holder of a coal-prospecting license, whether granted before or after the commencement of this Act, the Warden or Commissioner, as the case may be, may, with the consent of and subject to conditions imposed by the Minister, authorize the sale or other disposal of such coal on payment by the licensee of a royalty of not less than twopence and not more than one shilling a ton of coal so sold or disposed of.
7 Provisions in regard to main airways, air-crossings, and stoppings.
In connection with the ventilating of mines the following provisions shall apply:—
(a.)
The main airways of a mine shall be so arranged that the main intake airway shall not at any point, except at an air-crossing, be less than fifty feet from the main return airway. This paragraph shall not apply in respect of main airways driven before the commencement of this Act, but if any such airways are hereafter extended it shall apply to the portions so extended.
(b.)
In every mine all stoppings between main intake airways and main return airway and all air-crossings, shall be constructed of non-inflammable materials in such manner as may be prescribed. With respect to existing stoppings and air-crossings in a mine which do not comply with the requirements of this paragraph, the owner shall effect compliance therewith within three years from the commencement of this Act.
8 Section 82 of principal Act (as to medical clubs) amended.
Section eighty-two of the principal Act is hereby amended by inserting in subsection two, after the words “the said section eighty,”
the words “or, where there is no miners’ association, any other organization or society consisting wholly or principally of persons employed in or about a mine and approved by the Minister for the purpose.”
9 Provision of bathhouses by owner of coal-mine.
(1.)
For the purpose of determining whether bathhouses shall be erected or reopened at any mine pursuant to section nine of the Coal-mines Amendment Act, 1914, a vote of workmen as required by subsection two of that section shall be taken within three months after the date of opening in the case of a new mine, and, in any other case, on a requisition signed by not less than ten workmen working underground in the mine:
Provided that if a vote is taken and not carried no further vote on the question of erecting or reopening bathhouses shall be taken for at least three months from the date of such prior vote.
(2.)
The owner of a mine shall complete the erection of bath houses within twelve months from the date of the carrying of the vote in favour thereof, or, if a vote has been taken and carried prior to the commencement of this Act, within twelve months from such commencement, and shall reopen any bathhouses within one month of the carrying of a vote in favour of such reopening.
10 Section 9 of Amendment Act, 1919 (as to plans of mines), amended.
Section nine of the Coal-mines Amendment Act, 1919, is hereby amended by repealing subsection one thereof, and substituting the following subsections:—
“(1.)
The owner, agent, or manager of every mine where there are underground workings in which more than six men are employed shall keep at the office of the mine a full and accurate plan of the workings of the mine, showing, in addition to the workings,—
“(a.)
The boundaries of the area over which coal-mining rights extend, with the position of all trigonometrical stations, public roads, tramways, railways, buildings, bridges, rivers, streams, lakes, estuaries, or tidal waters within such boundaries and in the immediate vicinity thereof:
“(b.)
With respect to every shaft and borehole, its depth, its location in relation to the surface, and the datum-level at the surface:
“(c.)
The position, direction, and extent of every known fault, with its vertical throw, and of every known washout and intrusive dyke:
“(d.)
With respect to every seam being worked, its thickness at places to be from time to time indicated by the Inspector, or, in default thereof, at each principal working-face.
“(1a.)
Every plan prepared pursuant to this section shall be revised from time to time, so that on any given date it shall have been corrected to a date not more than three months prior thereto.”
11 Section 7 of Amendment Act 1922 (as to qualifications of mine-managers) amended.
Section seven of the Coal-mines Amendment Act, 1922, is hereby amended by omitting from subsection one thereof the words “more than eight but not more than twenty men are employed,”
and substituting the words “more than ten but not more than twenty men are employed, of an underviewer’s certificate or higher certificate where more than eight but not more than ten men are employed.”
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Versions
Coal-mines Amendment Act 1924
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