The Express.
London, England, 1846-09-18 00:00:00

COLONIAL.

SOUTH AUSTRALIA.—ROYALTY ON MINERALS
DISCoVEItED os WASTE ',FLEES OF THE Cuown.—The
Cleveland, from Adelaide, brings papers to a more &d-
-efaced period in April. They contain regulations issued
by Governor Robe for enforcing a reserved right to minerals
on lands alienated by the crown. These regulations are alike
in violation of sound economical principles, and of the Act
of Parliament by which the colony was founded. They have
excited indignation and discontent among the colonists.
They are the last legacy of Lord Stanley to the colonies he
min plague no longer. We, in common with all friends of
Australia, look to his successor for redress. We subjoin the
regulations and their apologetic preface, convinced that if not
rescinded without delay they will often be referred to in
flame in controversies anything but conducive to the sta-
bility and prosperity of our colonial empire.
"Government House, Adelaide, South Australia, April, 1816.
" One of the first subjects of importance to the future welfare of
this provinv to which my attention was directed on my assuming the
administration of its government was that of seignoroge, or royalty,
on metallic mineral discovered on the waste bards of the Crown.
The correspondence handed to me by my predecessor in office showed
that this source of wealth had attracted the attention of capitalists in
England to no inconsiderable extent. A company in London had pro-
posed to her Majesty's Secret:ly of State for the Colonial Department
to treat with the government for a monopoly of all mines In South
Australia belonging to the Crown, upon the bans mines
a lease, with
rights of mining, upon payment of a seignoesge, or royalty, upon the
produce of those mines. This proposal was rejected by Lord Stan-
ley; but the question of reservation of royalties, with a view to the
ulterior benefit of the colony, woo submitted for the consideration of
her Majesty's Commisdoner. of Woods and Forests and to the Colo-
nial Land and Emigration C,ornminioners, as well as to one of the
era geologists in England, and subeequently to her Majesty's law
advisers. The result has been to elicit some Important information
as to the system of royalties at present in force in the United Klapp-
dam, as well as to a joint opinion of her Majesty's Attorney and Soli-
eitor-General, removing certain doubts permeated to the Colonial
Land and Emigration Comitaisaioners, as to the power vested in her
Majesty, under the act cf Parliament now is force for regulating the
sale of Crown Lands in the Australian colonies, to reserve royalties
upon mineral., anon the alienation or conveyance of Crown largls.
This opinion meets also another question which has; been mooted is the
colony, upon the provisions of the 12th clause of the Act 5 and 6 Vic-
toria, c. 30, whereby it has been contended that it was imperative on
the Governor to Action demand lands that had heal offered for sale at
public auction, and not sold. Ido not anticipate that there will be
much difference of opinion amongst the colonists upon the question of
the eapedienev of reserving a moderate royalty on metallic minerals,
When it is declared under authority that the proceeds thereof, after
deducting the cost of collection, will be applied to the same purpose as
the gram proceeds of the Rates of the waste lands of the Crown, under
the act 5 and 8 Vet., c. 38. Instead of large present receipt,
founded, perhaps, on gambling speculation as to the chancre or pro-
babilities of future result.' (which receipts will ease as soon as an the
mineral bent has heen selected;. there will he provided, in aid of a
,tent stream of emigration from the United Kingdom, a growing
income apportioned to the advancing wealth of the colony. Such is
the view taken by the Commissioners and by her Majesty's, advisers,
and in which I entirely concur. With regard to the proportion of
metals and metallic minced', proper to be reserved to her Majesty,
the practice in England and Ireland Is almost too varied to be other
than an approximate guide :—ln Cornwall the royalties range from
1-18th to 1.25 th of the produce; in Devmmhire, from 1-Bth to I.lBth ;
la Cardigan:shire, from 1-7th to 1-12th; in Derbyshire, from 1-Bth to
1-12th; in Cumberland, from Lath to I-12th ; in Yorkshire, from
14th to I-12th ; in Ireland, from 1-Bth to 1-15th. A mean
proportional between these various fractions would be about
1-11th. lier Majesty's Government, however, consider that
1-15th would be a fair proportion to reserve in South Australia,
from which I see no reason to dissent. Wherefore, acting with
the advice sad consent of the Council of Government, I have
framed a few short rules, heed upon this princip'e, for the future
disposal by this Government of the mate lands of the Crown in South
Australia—Firma It. ROBE. Lieut-Govemor."
RIJUVLATIONS.—Iiin Excellency the Lieutenant-Governor, by and
with the advice and consent of the Council of Government, has been
pleased to establish the following as the regulations under which all
crown lands will be hereafter disposed of by him under the provision
of the recited act. On waste lands of the Crown hereafter to be
alienated or conveyed, for any estate or interest, there will be reserved
to her Majesty, her heirs, or suceeraors, one-fifteenth of all metals,
and ores containing metals, lying upon, in, or under such lands, pay-
able in bind, at the mouth of the pit, shaft, or quarry, from which
they may be raised: this, together with reserved rights, will be in-
serted in the deeds of grant. A right of free access to all mines by
duly-appointed servants of the Crown. A right to select for tree
occupancy a portion of land not exceeding one quarter of an sere,
near the mouth of every pit, abaft, or gallery , or quarry, from which
metallic minerals may be drawn, for a residence or stove for such
person or persons as may he appointed to receive the Queen's dish or
dues, but for no other purpose, with privihres of seems, or building
thereon, and of removing buildings so erected. AU questions
regard
leg the commutation or computation of royalties will be considered
and determined by the Governor In Executive Council;
and applications for that purpose must, therefore, be ad-
dressed to his Excellence the Governor, in Executive Council.
Linda will in general be sold as heretofore, but with the reservations
already stated. Lands known to contain metals and metallic ores
may be obtained by lease, with the right of mining, for period, not
exceeding twenty.one ream, if so desired by capitalist.. On applica-
tions for leases of lands with mining rights being approved by the
Governor in Council, the leases will be proclaimed for sale at auction
in the same manner as bind. intended for sale in fee simple. All
leases so to be granted will contain clauses of forfeiture and provisions
for re-entry for nonpayment of royalties, or for uralerletting or
assignment of the whole or any portion of the lands by the lessee,
without licence in that behalf first obtained from her Majesty, or the
Governor in Council, acting on that behalf for her Meanly ; also a
proviso that it shall not be lawful for her Majesty, or any perms act-
ing on behalf of her Majesty, to sell the reversionary estate expec-
tant upon the determination of the lease, without the consent in
writing of the Imam or other party to whom the lease may belong."