{"id":"mining-on-private-property-act-1898","name":"Mining On Private Property Act 1898","slug":"mining-on-private-property-act-1898","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105666,"registerId":"wa-mining-on-private-property-act-1898-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mining On Private Property Act 1898","content":"![Crest]()Western Australia\n\nMining on Private Property Act 1898\n\nWestern Australia\n\nMining on Private Property Act 1898\n\nContents\n\n56. The Hampton Lands and Railway Syndicate, Limited 1\n\n57. Regulations may be made 2\n\n58. Regulations on publication to have the force of the law 2\n\n59. Fines may be imposed 2\n\n60. Proceedings on breach of regulations 2\n\n61. Royalty released 3\n\n62. Provisions of preceding divisions of this Act not to apply 3\n\nSchedule — Hampton Lands and Railway Syndicate, Limited lands\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nMining on Private Property Act 1898\n\nAn Act to permit mining on private property.\n\n[**1‑55** Deleted: No. 15 of 1904 s. 4.]\n\n[Heading deleted: No. 19 of 2010 s. 44(3).]\n\n##### 56. The Hampton Lands and Railway Syndicate, Limited\n\nIt is declared as follows: —\n\n(a) By an agreement, in writing, dated 18 June 1890, made between Sir Frederick Napier Broome, Knight Commander of the Most Distinguished Order of St. Michael and St. George, Governor of the Colony of Western Australia, acting therein for and on behalf of the Government of the said Colony of the one part and the Hampton Lands and Railway Syndicate, Limited, of the other part, it was agreed that the Government should sell and the Syndicate should purchase 216,000 acres of Crown Lands on the terms and conditions in the said agreement mentioned:\n\n(b) The said purchase was duly completed by the said Syndicate:\n\n(c) It was one of the terms of the said agreement that the Government should grant to the Syndicate on its application a permit to work all the metals reserved by the Crown Grants of the said lands in accordance with the regulations authorising such permit:\n\n(d) The lands which were granted to the said Syndicate, under the said agreement, are those set forth in the Schedule hereto, and the same are now held in fee simple by the said Syndicate or its assigns:\n\n(e) By the regulations authorising the permit aforesaid a royalty of two shillings 2 per ounce is payable on all gold won from the said lands:\n\n(f) With the object of facilitating the settlement and development of the said lands it is expedient to release the said royalty, and to enact the following provisions.\n\n##### 57. Regulations may be made\n\nThe respective owners of the said lands mentioned in the Schedule hereto, may, from time to time, with the approval of the Governor, but not otherwise, make, alter, amend, and repeal regulations for the management of gold‑mining on their lands.\n\n##### 58. Regulations on publication to have the force of the law\n\nSuch regulations shall be published in the *Government Gazette*, and after publication shall have the force and effect of law, and shall be judicially noticed in every Court of Justice: Provided that all such regulations shall be submitted to Parliament in the manner prescribed by section 55 3.\n\n##### 59. Fines may be imposed\n\nBy such regulations there may be imposed a fine for any breach thereof not exceeding ten pounds 2.\n\n##### 60. Proceedings on breach of regulations\n\nAll proceedings for the breach of any such regulations and for the recovery of any fine or penalty may be commenced and prosecuted as if such proceedings related to the breach of the regulations made under the *Goldfields Act 1895* 4, and the recovery of fines or penalties thereby imposed.\n\n##### 61. Royalty released\n\nSubject to the said regulations being duly made and published, and so long as the same shall continue binding on the Syndicate and its assigns, the royalty of two shillings 2 per ounce now payable in respect of all gold won from the said lands shall be, and the same is hereby released.\n\n##### 62. Provisions of preceding divisions of this Act not to apply\n\nThe provisions of the preceding divisions 5 of this Act shall not apply to the lands in the said Schedule hereto.\n\nSchedule — Hampton Lands and Railway Syndicate, Limited lands\n\n[s. 57]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\n|  | Acreage |\n| --- | --- |\n| East Location 36 | .......................................................................6,375 |\n| Do. 41 | .......................................................................3,995 |\n| Do. 48 | .....................................................................27,349 |\n| Do. 51 | .......................................................................6,369 |\n| Do. 53 | .....................................................................34,468 |\n| Do. 55 | .......................................................................1,989 |\n| Do. 57 | .......................................................................1,000 |\n| Do. 59 | .....................................................................50,830 |\n| Do. 32 | .....................................................................21,077 |\n| Do. 35 | .......................................................................2,500 |\n| Do. 39 | .......................................................................1,920 |\n| Do. 40 | .......................................................................7,680 |\n| Do. 42 | .....................................................................13,452 |\n| Do. 44 | .......................................................................5,120 |\n| Do. 45 | .....................................................................18,808 |\n| Do. 50 | .......................................................................8,000 |\n| Do. 37 | .......................................................................3,000 |\n| Do. 61 | .......................................................................1,000 |\n| Do. 62 | .......................................................................1,068 |\n\n\nNotes\n\n1 This is a compilation of the *Mining on Private Property Act 1898* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | | | **Number and year** | | **Assent** | | **Commencement** | |\n| --- | --- | --- | --- | --- | --- | --- | --- | --- |\n| *Mining on Private Property Act 1898* | | | 62 Vict. No. 29 (1898) | | 28 Oct 1898 | | 28 Oct 1898 | |\n| *Mining on Private Property Amendment Act 1899* | | | 31 of 1899 | | 16 Dec 1899 | | 16 Dec 1899 | |\n| *Mining Act 1904* s. 4 | | | 15 of 1904 | | 16 Jan 1904 | | 1 Mar 1904 (see s. 2) | |\n| **Reprint of the *Mining on Private Property Act 1898* authorised 2 Apr 1954 in Volume 6 of Reprinted Acts** (includes amendments listed above) | | | | | | | | |\n| **Reprint of the *Mining on Private Property Act 1898* approved 22 May 1958 in Volume 12 of Reprinted Acts** (includes amendments listed above) | | | | | | | | |\n| **Reprint of the *Mining on Private Property Act 1898* authorised 2 Sep 1966 (not in a Volume)** (includes amendments listed above) | | | | | | | | |\n| **Reprint 4: The *Mining on Private Property Act 1898* as at 9 Jun 2004** (includes amendments listed above) (correction in *Gazette* 1 Oct 2004 p. 4283; 29 Oct 2004 p. 4938) | | | | | | | | |\n| *Standardisation of Formatting Act 2010* s. 4 and 44(3) | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |\n\n\n2 The *Decimal Currency Act 1965* s. 5 provides for existing references to amounts of money to be read and construed as references to corresponding amounts of money in terms of decimal currency. Such references have not been amended in this compilation as they are of historical interest only.\n\n3 Section 55 of the Act was repealed by the *Mining Act 1904*. It read as follows:\n\n“\n\n55 Power to make regulations\n\n(1) It shall be lawful for the Governor, from time to time to make, alter, and repeal such regulations as may be deemed necessary for the purpose of giving effect to this Act, and for the management of mining on private property generally.\n\n(2) Such regulations may be made for the whole Colony, or for any particular part thereof, and shall be published in the *Government Gazette,* and after publication therein shall have the force and effect of law, and shall be judicially noticed in every court of justice. Copies of all regulations made under this Act, shall be laid before both Houses of Parliament within fourteen days from the making thereof; and such regulations shall, as from such publication as aforesaid, and in so far as not disallowed by Parliament, be deemed to be within the powers conferred by this Act, and to have been legally and properly made.\n\n(3) It shall be lawful by such regulations to impose for any breach thereof, or for any disobedience of a lawful order of the warden, or Warden’s Court, a fine not exceeding Twenty pounds, and in default of payment imprisonment with or without hard labour for any period not exceeding six months.\n\n”.\n\n4 The *Goldfields Act 1895* was repealed by the *Mining Act 1904*.\n\n5 The provisions of the Act (other than sections 56 to 62 and the Schedule) were repealed by the *Mining Act 1904.*\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The surviving text of the Act (sections 56–62 and the Schedule) is a narrowed, land‑specific instrument concerning the Hampton Lands and Railway Syndicate. Earlier, broader provisions of the Act (sections 1–55 and preceding divisions) were deleted or repealed (see header note and note 5). The remaining provisions focus on (a) recording the land sale and reserved royalty (s.56), (b) delegating regulatory power over gold mining on those parcels to the landowners subject to Governor approval and publication (s.57–58), and (c) conditionally releasing the two shillings per ounce royalty when those owner regulations are duly made and binding (s.61). In short, the Act’s scope has shifted from a more general framework for mining on private property to a narrowly targeted statutory regime for the listed Syndicate lands (s.56–62; Schedule; note 5)."},"complexity_factors":["Very narrow, land‑specific scope limited to the Hampton Lands and Railway Syndicate parcels (s.56, Schedule)","Delegated rule‑making to private owners subject to Governor approval (s.57)","Publication in the Government Gazette gives regulations legislative force and requires courts to judicially notice them (s.58)","Regulations may create criminal fines and rely on external enforcement procedures (s.59–60)","Cross‑references to provisions that have been repealed or amended (s.58 referencing s.55; s.60 referencing the Goldfields Act 1895; notes 3–4) create procedural ambiguity","Conditional release of royalty tied to regulations being binding on assigns (s.61) introduces a compliance and drafting constraint","Historical deletions and amendments mean only a small remainder of the original Act survives, complicating interpretation and historical intent (notes and header)"],"plain_english_summary":"What this law does, mechanically\n\n- This Act now consists only of sections 56–62 and a Schedule. It deals exclusively with a set of land parcels granted to the Hampton Lands and Railway Syndicate, Limited (the Syndicate) and the legal framework for gold mining on those lands (see section 56 and the Schedule).\n- The Act records that the Syndicate purchased specified Crown land and that the Crown reserved a royalty of two shillings per ounce on gold won from those lands (s.56(a)–(e)).\n- The owners of the listed lands may make, change or revoke rules for managing gold mining on their lands, but only with the Governor’s approval (s.57).\n- Those owner-made rules must be published in the Government Gazette; once published they have the force of law and must be noticed by courts (s.58).\n- The published rules may include fines for breaches of up to ten pounds (s.59), and breaches may be prosecuted and fines recovered under the procedural model set out for breaches of the Goldfields Act 1895 (s.60).\n- If regulations are properly made and published and remain binding on the Syndicate and its assigns, the existing royalty of two shillings per ounce on gold from those lands is released (s.61).\n- The other parts of the original Act (the preceding divisions) do not apply to the lands in the Schedule (s.62).\n\nWhat the source says is the purpose\n\n- The Act explicitly states that the royalty release is intended “with the object of facilitating the settlement and development of the said lands” (s.56(f)). That is presented as the legislative rationale for allowing the Syndicate/owners to set their own mining rules and for releasing the royalty (s.56(f), s.61).\n\nHow the mechanics shape incentives, costs and decision‑rights (tested against the stated purpose)\n\n- Who decides: landowners (the Syndicate and its assigns) have primary rule‑making power over gold mining on the specified land, but only with the Governor’s approval (s.57). That creates joint decision‑rights: private owners draft regulations; the Governor vets and must approve them (s.57).\n- Who pays or benefits: historically a two shillings per ounce royalty applied to gold won from the lands (s.56(e)). That royalty is released while owner regulations are duly made, published and remain binding on the Syndicate and assigns (s.61). The immediate financial effect is a reduction in the per‑ounce charge on gold produced from those lands while the conditions are met (s.61).\n- Compliance burden and enforcement: miners and other users of the land must comply with the owner‑made regulations once published, because publication in the Government Gazette gives them the force of law and courts must judicially notice them (s.58). The regulations may impose fines up to ten pounds (s.59). Enforcement proceeds “as if” under the Goldfields Act 1895 (s.60), meaning prosecutions and recovery follow that model (s.60).\n- Bureaucratic discretion and implementation risk: the Governor’s approval is a statutory gate (s.57). Publication is required for legal force (s.58). The Act cross‑refers to processes in sections that have themselves been repealed or amended in later legislation (see notes). Two specific implementation points arise from the source text: (a) section 58 requires submission of regulations to Parliament as prescribed by section 55, but section 55 was repealed (note 3), and (b) section 60 points to enforcement under the Goldfields Act 1895, which was repealed (note 4). These cross‑references in the text create a potential gap or ambiguity about procedural detail and enforcement that would need resolving when the provisions are applied (see notes 3 and 4).\n- Conditions and limits: the royalty release is conditional on regulations being “duly made and published” and remaining binding on the Syndicate and its assigns (s.61). If the regulations are not made, not published, or not binding on assigns, the royalty release condition is not met and the royalty would not be released (s.61).\n\nConcentrated and diffuse effects, and administrative trade‑offs\n\n- Concentrated beneficiaries: the primary beneficiaries of the royalty release and the regulatory autonomy are the owners and their assigns on the specific land parcels listed in the Schedule (s.56–61 and Schedule). The Act explicitly limits its application to those lands (s.56, Schedule, s.62).\n- Diffuse costs: the State’s receipt of royalty revenue from those lands is reduced while the release operates (s.61). The Act does not quantify the revenue effect; it makes the release conditional on the procedural steps the owners must take (s.57–58, s.61).\n- Trade‑offs and opportunity costs: the measure shifts regulatory and enforcement effort toward owner‑driven rules (subject to Governor approval and publication). That can reduce the State’s direct regulatory role for these parcels but requires administrative oversight (Governor approval, publication) and creates reliance on procedural mechanisms elsewhere in the statute book for enforcement (s.57–60; notes 3–4).\n\nPractical consequences to watch when this law is applied\n\n- Check that owner regulations have Governor approval and have been published in the Government Gazette to be effective (s.57–58).\n- Verify that regulations are properly framed so they bind assigns (the royalty release depends on that) (s.61).\n- Clarify the enforcement route because the Act expressly adopts the procedural model of the Goldfields Act 1895 for prosecutions (s.60), yet that Act is noted as repealed (note 4), and the parliamentary submission route referenced in s.58 depends on a repealed s.55 (note 3). These textual points create implementation uncertainty that must be resolved when enforcing regulations or recovering fines.\n\nKey statutory citations: sections 56–62 and the Schedule; see notes regarding repeal and amendment history (notes 1, 3–5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original Act was general legislation permitting mining on private property across Western Australia with comprehensive regulatory powers (sections 1-55 covered general mining on private property, power to make regulations, wardens' courts, and enforcement). However, sections 1-55 were repealed by the Mining Act 1904, leaving only sections 56-62 which create a special regime for one specific land syndicate. The legislation has shrunk from a general regulatory framework to a narrow private deal memorialising a 1890 land sale and royalty exemption."},"complexity_factors":["Extremely short — only 7 operative sections remain (56-62)","No defined terms section; all language is plain Victorian-era English","Single purpose legislation dealing with one historical land transaction","Minimal cross-referencing (only references to repealed Acts in historical notes)","Simple conditional structure: regulations valid if Gazette-published and Governor-approved","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This is a very old Western Australian law from 1898 that originally allowed mining on private property across the colony. However, **almost the entire Act has been repealed** (cancelled) over time. Only a tiny fragment remains in force today.\n\n**What survives:**\n- **Sections 56-62** and the **Schedule** — these deal exclusively with one specific company: the **Hampton Lands and Railway Syndicate, Limited**.\n\n**What this surviving bit does:**\n- It recognises that in 1890, the WA Government sold 216,000 acres of Crown land to this Syndicate\n- It releases the Syndicate (and anyone who later buys the land) from paying a **royalty** (a government fee) of two shillings per ounce of gold mined from that specific land\n- It allows the landowners to make their own mining regulations (with Governor approval) to manage gold mining on their property\n- These private regulations can impose fines up to £10 for breaches\n- The regulations have legal force once published in the *Government Gazette*\n\n**Who it affects:**\n- Only the current owners of the 19 specific land parcels listed in the Schedule (totaling 216,000 acres)\n- Anyone mining gold on those specific lands\n\n**Why it matters:**\nThis is essentially a **historical relic** — a one-off deal from the 1890s that still gives special mining privileges to a specific patch of land. It shows how colonial governments used land sales and royalty exemptions to encourage settlement and railway development. The rest of the Act — which once governed mining on private property generally — was absorbed into broader mining legislation in 1904."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available. No text, amendments, or provisions were retrievable from the provided source."},"complexity_factors":["No legislative content was available for analysis — the source page returned a 'page not found' error","Only the Act's title and website error message were provided","Cannot assess true complexity without the actual text of the legislation"],"plain_english_summary":"## Mining On Private Property Act 1898 (WA)\n\n**⚠️ Content Unavailable**\n\nThe text of this legislation could not be retrieved. The page hosting this Act on the Western Australian legislation website is no longer available at its previous address due to system upgrades.\n\n**What we know:**\n- This is a **Western Australian law** dating from **1898**, making it over 125 years old\n- Based on its title, it likely governs the rights of mining companies or individuals to access and conduct mining operations on **privately owned land** — a significant issue balancing landowners' property rights against resource extraction interests\n- If you need the actual text, visit the [Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) and search directly for the Act\n\n**No meaningful legal analysis can be provided** without access to the actual legislative content."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/mining-on-private-property-act-1898","history":"/api/acts/mining-on-private-property-act-1898/history","analysis":"/api/acts/mining-on-private-property-act-1898/analysis","conflicts":"/api/acts/mining-on-private-property-act-1898/conflicts","importantCases":"/api/acts/mining-on-private-property-act-1898/important-cases","documents":"/api/acts/mining-on-private-property-act-1898/documents"}}