What it does
The Minerals (Acquisition) Act 1953 effects an automatic statutory vesting of mineral ownership in the Crown in right of the Commonwealth. Section 3 provides that all minerals existing in their natural condition, or in a deposit of waste material obtained from any underground or surface working, on or below the surface of any land in the Territory are acquired by and vested absolutely in the Crown, except those minerals which immediately before the commencement of the Act were already the property of the Crown or the Commonwealth.
The definition in s 2 is deliberately expansive: “minerals includes all mineral substances, gold, silver, copper, tin and other metals, ores or other substances containing metals or minerals, and gems, precious stones, coal, shale, mineral oils and valuable earths and substances.” This formulation captures both metallic and non-metallic resources and extends to substances contained within ores, thereby sweeping up a wide array of extractable materials without the need for further specification.
Particular attention is paid to the position of persons who held pre-existing rights. Section 4(1) imposes liability on the Commonwealth to pay compensation to any person who had a right, title or interest in minerals acquired under s 3. The quantum is that agreed between the parties or, failing agreement, determined by action brought in the Supreme Court. However, the Act imposes a series of procedural gates. Under s 4(2), no entitlement to compensation arises unless, on or before 31 December 1954, the claimant lodged with the Administrator a written claim specifying the land, the nature of the minerals, the nature of the claimant’s right, title or interest, the amount claimed, and an address for service in the Territory.
Once a claim is lodged, s 4(3) permits the Administrator to serve a notice stating that no further agreement is possible. If such notice is served, any Supreme Court action must be instituted within one month. Section 4(4) empowers the Court, on application by the Commonwealth, to dismiss an action for want of prosecution where the claimant is not diligently pursuing it. Dismissal under this subsection operates as an absolute bar: s 4(5) provides that no further action lies in respect of minerals of that nature on or below the surface of that land. A final and unusual limitation appears in s 4(6): no appeal lies from any decision of the Supreme Court in an action under the section.