Marong Reserve Mining Act 1895

Version No. 001

Marong Reserve Mining Act 1895

Act No. 1402/1895

Version as at 14 February 2000

table of provisions

Section Page

1. Short title and construction 2

2. Right to mine upon reserve conferred 2

3. Certain portions of reserve excepted 2

4. Right of way over exempted land 3

5. Buildings etc. not to be erected 3

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SCHEDULE 4

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ENDNOTES 5

1. General Information 5

2. Table of Amendments 6

3. Explanatory Details 7

Version No. 001

Marong Reserve Mining Act 1895

Act No. 1402/1895

Version as at 14 February 2000

An Act to provide for Mining on the Marong Public Recreation Reserve by holders of miners' rights.

Act No. 1402/1895

Marong Reserve Mining Act 1895

Preamble

WHEREAS in pursuance of the provisions of section six of The Land Act 1869 the Governor in Council did by an Order made on the twenty-eighth day of July One thousand eight hundred and seventy-three permanently reserve as a site for Public Recreation purposes the piece or parcel of land in the town of Marong described in the Schedule to this Act:

AND WHEREAS it is desirable that notwithstanding such permanent reservation holders of miners' rights should be enabled to mine upon certain portions of the said land; and whereas from time to time the Governor in Council has appointed certain gentlemen as members of a committee of management of the said land; and whereas the surviving members of such committee are willing that holders of miners' rights be permitted to mine upon certain portions of the said land subject to certain conditions and provisions set forth in this Act:

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. Short title and construction

s. 1

This Act may be cited as the Marong Reserve Mining Act 1895, and shall be read as one with Part I of the Mines Act 1890.

2. Right to mine upon reserve conferred

Notwithstanding anything contained in any Act or in the said recited Order in Council, any holder of a miner's right shall, subject to the provisions of the Mines Acts and this Act, be entitled to mine for gold, on so much of the land described in the Schedule to this Act as is not as hereinafter provided exempted from mining, to the same extent and subject to the same laws as if the said land were unoccupied Crown land.

3. Certain portions of reserve excepted

(1) The Governor in Council may by proclamation exempt from mining any of the land described in the said Schedule which in his opinion has before the commencement of this Act been used for and is required for use as a dam or reservoir, or a football and cricket ground, or a horse-racing track, and also all land between the said track and the nearest boundary of such reserve, and also so much of the said land as in the opinion of the Governor in Council is necessary for roads or approaches to and for a sufficient margin around the said dam or reservoir, ground, and track respectively.

(2) Such proclamation shall be published in the Government Gazette and also in some newspaper generally circulating at Marong.

4. Right of way over exempted land

s. 4

For the purposes of marking a claim on any portion of the said land not exempted from mining and also of mining on such claim, any such holder of a miner's right shall at all reasonable times and doing no unnecessary damage have a right of way over any part of the said land which is exempted from mining.

5. Buildings etc. not to be erected

Notwithstanding anything contained in this or any other Act—

(a) it shall not be lawful for any persons other than the said committee to erect buildings or tents in any part of the said land; and

(b) the committee shall be at liberty subject to the right of mining conferred by this Act to sell or let the right of grazing over the whole or any part of the said land, whether the same has or has not been taken up as a claim pursuant to this Act, and the proceeds of such sale or letting shall be applied towards keeping the fences of such land in good order and repair.

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Section 2.

SCHEDULE

Sch.

Description of land at Marong permanently reserved for public recreation purposes, by Order in Council of 28th July, 1873, Vide Government Gazette 13th June, 1873, page 1058, and 8th August, 1873, page 1416.

Sixty-one acres three roods seven perches, county of Bendigo, town of Marong:

Commencing at the south-east angle of allotment 2; bounded thence by the road to Lockwood bearing S.19º 20' W. twenty chains five links; thence by roads bearing respectively N. 81º 28' W. twenty-five chains twenty-six links and N.8º 32' E. twenty-five chains forty-seven links; and thence by allotment 2A and allotment 2 aforesaid bearing S.70º 37' E. twenty-nine chains fifty-five links to the point of commencement.

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ENDNOTES

Endnotes

1. General Information

The Marong Reserve Mining Act 1895 was assented to on 18November 1895 and came into operation on 18November 1895.

2. Table of Amendments

Endnotes

There are no amendments made to the Marong Reserve Mining Act 1895 by Acts and subordinate instruments.

3. Explanatory Details

Endnotes

No entries at date of publication.