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Minerals (Acquisition) Act 1953
1Minerals (Acquisition) Act 1953
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NORTHERN TERRITORY OF AUSTRALIA
MINERALS (ACQUISITION) ACT 1953
As in force at 21 September 2011
Table of provisions
1 Short title ......................................................................................... 1
2 Definition.......................................................................................... 1
3 Acquisition of certain minerals ......................................................... 1
4 Compensation for acquisition of minerals ........................................ 1
5 Power to authorize entry on land the subject of a claim .................. 2
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
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As in force at 21 September 2011
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MINERALS (ACQUISITION) ACT 1953
An Act to provide for the acquisition by the Crown of certain minerals,
and for other purposes
1 Short title
This Act may be cited as the Minerals (Acquisition) Act 1953.
2 Definition
In this Act, 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.
3 Acquisition of certain minerals
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, not being
minerals, which, immediately before the commencement of this Act,
were the property of the Crown or of the Commonwealth, are, by
force of this Act, acquired by, and vested absolutely in, the Crown
in right of the Commonwealth.
4 Compensation for acquisition of minerals
(1) Subject to this section, the Commonwealth is liable to pay to a
person who had a right, title or interest in any minerals acquired by
section 3 such compensation as is agreed on between the
Commonwealth and that person or is determined by action by that
person against the Commonwealth in the Supreme Court.
(2) A person is not entitled to compensation under this section in
respect of minerals of any nature on or below the surface of any
land unless, on or before 31 December 1954, he lodges with the
Administrator a claim in writing for compensation in respect of
minerals of that nature on or below the surface of that land,
specifying the land in relation to which the claim is made, the nature
of the minerals in respect of which compensation is claimed, the
nature of his right, title or interest in the minerals, the amount of
compensation claimed, and his address in the Territory for service.
Minerals (Acquisition) Act 1953 2
(3) If, at any time after a person has lodged a claim under this section,
the Administrator serves on that person a notice in writing that he is
satisfied that no agreement, or no further agreement, can be
reached in respect of the claim, an action by that person against the
Commonwealth under this section for compensation in respect of
any minerals of a nature specified in the claim, on or below the
surface of the land referred to in the claim, shall not be instituted
later than one month after service of that notice.
(4) Where an action has been instituted under this section in the
Supreme Court, and, upon application by the Commonwealth for an
order under this subsection, the Court is not satisfied that the
person claiming compensation is diligently prosecuting the action,
the Court may dismiss the action for want of prosecution.
(5) Where an action brought by a person in relation to minerals of any
nature on or below the surface of any land is dismissed under
subsection (4), no further action by that person under this section
lies in relation to minerals of that nature on or below the surface of
that land.
(6) No appeal lies from the decision of the Supreme Court in an action
under this section.
(7) A notice by the Administrator for the purposes of this section may
be served on the claimant by post at his address in the Territory for
service set out in the claim lodged with the Administrator.
5 Power to authorize entry on land the subject of a claim
(1) Where a claim for compensation has been lodged under section 4
in relation to minerals on or below the surface of any land, the
Administrator may, for the purpose of ascertaining the existence,
nature and extent of any such minerals, by writing under his hand,
authorize a person to:
(a) enter on the land;
(b) make observations and tests, or carry on experimental mining
operations; and
(c) extract and remove samples of minerals.
(2) A person shall not obstruct or hinder a person in the exercise of
powers conferred by an authority under this section.
Maximum penalty: 8 penalty units.
(3) The Commonwealth is liable to pay to a person who suffers loss or
damage by reason of the exercise of powers under this section
Minerals (Acquisition) Act 1953 3
such compensation as is agreed on between the Commonwealth
and that person or is determined by action by that person against
the Commonwealth in a court of competent jurisdiction.
ENDNOTES
Minerals (Acquisition) Act 1953 4
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Minerals (Acquisition) Ordinance 1953 (Act No. 5, 1953)
Assent date 22 April 1953
Commenced 22 April 1953
Minerals (Acquisition) Ordinance 1954 (Act No. 9, 1954)
Assent date 8 December 1954
Commenced 23 April 1953 (s 2)
Ordinances Revision Ordinance 1973 (Act No. 87, 1973)
Assent date 11 December 1973
Commenced 11 December 1973 (s 12(2))
Amending Legislation
Ordinances Revision Ordinance 1974 (Act No. 34, 1974)
Assent date 26 August 1974
Commenced 11 December 1973 (s 3(2))
Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)
Assent date 24 October 1974
Commenced 11 December 1973 (s 3)
Ordinances Revision Ordinance 1976 (Act No. 27, 1976)
Assent date 28 June 1976
Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4:
11 December 1973; s 5: 24 October 1974
Statute Law Revision Act (No. 3) 1981 (Act No. 91, 1981)
Assent date 21 September 1981
Commenced 21 September 1981
ENDNOTES
Minerals (Acquisition) Act 1953 5
Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries
and Resources) Act 2011 (Act No. 28, 2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: s 1.
4 LIST OF AMENDMENTS
lt amd No. 91, 1981, s 2
ss 1 – 3 amd No. 91, 1981, s 2
s 4 amd No. 9, 1954, s 3; No. 87, 1973, s 3; No. 91, 1981, s 2
s 5 amd No. 87, 1973, s 5; No. 91, 1981, s 2; No. 28, 2011, s 5