VPRS 5101 Mining Warden's Register of Leases and Agreements for Mining on Private Property, Gordon Mining Division

Background - Mining on Private PropertyIn 1884 An Act to Provide for the Mining of Gold and Silver on Property was passed. This Act provided that owners of land could enter into agreements or leases with persons wishing to mine on their property. Further research is required to determine the nature of the arrangements for mining on property prior to 1884.The second schedule to the Act set out the process which was to be followed when an application to mine on property was lodged:- the application was to be lodged with the local Mining Warden but addressed to the Minister of Mines. Notices of the application were to be placed in newspapers and posted at public offices near the land.- the Warden was to advise the owner and occupier of the land that the application had been received.- the Warden then arranged for the Mining Surveyor to survey the land and erect boundary posts.- objections to the application could be made by any person and were lodged with the Warden.- regardless of whether any objections were lodged the Warden conducted a court hearing to consider any objections, obtain evidence that certain procedural requirements had been met and make any other investigations the Warden considered necessary. The Court would then be adjourned.- the Warden sent to the Minister for Mines the application, the surveyor's report, objections and any other evidence along with his own recommendations regarding the application.- the Minister would in turn forward the application to the Governor in Council who would determine whether to grant a lease. The applicant was notified via the Mining Warden and the granting or refusal of the application was published in the Government Gazette.This process is outlined in more detail in the second schedule of the Mining on Property Act 1884.The Register of Mining on Private Property Leases and AgreementsThe Mining on Property Act required that a register be kept of all leases and agreements made under the Act. Regulations made under the Act specified the format of the Register, the details to be recorded in it and that it was to be maintained by the Warden having jurisdiction in the Mining District in which the land was situated.The following details were recorded in the Register:- the date of the agreement or lease- the names of the parties (the landowner and the miner)- the term of the lease or agreement (the length of time for which it was to be effective)- the area (size) and locality- conditions of the arrangement such as the amount of rent to be paid to the owner, reimbursement to be paid for surface damage (an amount per acre) or a percentage of the value of the gold mined that was to be paid to the owner.The volume in the P0 Consignment of this series was orginally processed as VPRS 724, unit 5.

背景——私人土地采矿
1884年，《私人土地金银采矿法案》（An Act to Provide for the Mining of Gold and Silver on Property）获得通过。该法案规定，土地所有者可与有意在其土地上采矿的个人签订协议或租约。需进一步研究以确定1884年前私人土地采矿安排的性质。
法案附表二规定了提交私人土地采矿申请时需遵循的流程：
- 申请需向当地采矿典狱长（Mining Warden）提交，但需致函矿业部长。申请通知需在报纸上刊登，并在土地附近的公共办公场所张贴。
- 典狱长需通知土地所有者及占用人已收到申请。
- 随后，典狱长安排采矿测量师（Mining Surveyor）对土地进行勘测并竖立边界桩。
- 任何人均可向典狱长提出异议。
- 无论是否收到异议，典狱长均需召开法庭听证会，审议异议、核实程序要求是否满足，并开展其认为必要的其他调查。随后法庭将休庭。
- 典狱长需向矿业部长提交申请、测量师报告、异议及其他相关证据，并附上其对申请的建议。
- 部长随后将申请转交总督委员会（Governor in Council），由其决定是否授予租约。申请人将通过采矿典狱长获得通知，申请的批准或拒绝结果将在《政府公报》（Government Gazette）上公布。
该流程在《1884年私人土地采矿法案》附表二中有更详细的说明。
私人土地采矿租约及协议登记册
《私人土地采矿法案》要求对根据该法案签订的所有租约及协议进行登记。根据该法案制定的法规明确了登记册的格式、需记录的细节，以及登记册由对土地所在采矿区拥有管辖权的典狱长负责维护。
登记册需记录以下细节：
- 协议或租约的日期
- 各方名称（土地所有者与采矿者）
- 租约或协议的期限（有效期时长）
- 面积及位置
- 安排条件，如需向所有者支付的租金金额、地表损害赔偿（每英亩金额）或需向所有者支付的所采矿金价值的百分比。
本系列P0批次中的卷宗最初被处理为VPRS 724，第5单元。