Miner's Licence
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Miner's Licence
The miner's licence was the colonial government's response to the need to provide infrastructure including policing during the Australian gold rushes. The first Australian mining laws were enacted in 1851. A proclamation by Governor La Trobe, of New South Wales, on 22 May 1851 asserted the Crown's right to all gold discovered in New South Wales. Governor Fitzroy invoked the "Case of Mines" (''R v Earl of Northumberland'') of 1567, which confirmed the Crown's prerogative right to all gold and silver found in the Crown's realm. Victoria separated from New South Wales on 1 July 1851, and the Victorian Lieutenant-Governor Charles La Trobe issued a similar proclamation on 16 August 1851.Mining Law of Western Australia, by Michael W Hunt. . p. 1. In January 1852, Victoria enacted the Mining Act 1852 (repealed) supplemented by the Mining Act 1853 (repealed). Before that, ownership of minerals and petroleum passed to those who were granted title to land by the colonial governors accordi ...
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Australian Gold Rushes
During the Australian gold rushes, starting in 1851, significant numbers of workers moved from elsewhere in Australia and overseas to where gold had been discovered. Gold had been found several times before, but the colonial government of New South Wales (Victoria did not become a separate colony until 1 July 1851) had suppressed the news out of the fear that it would reduce the workforce and so destabilise the economy. After the California Gold Rush began in 1848, many people went there from Australia, so the New South Wales government sought approval from the British Colonial Office for the exploitation of mineral resources, and offered rewards for finding gold. History of discovery The first gold rush in Australia began in May 1851 after prospector Edward Hargraves claimed to have discovered payable gold near Orange, at a site he called Ophir. Hargraves had been to the Californian goldfields and had learned new gold prospecting techniques such as panning and cradling. H ...
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Charles La Trobe
Charles la Trobe, CB (20 March 18014 December 1875), commonly Latrobe, was appointed in 1839 superintendent of the Port Phillip District of New South Wales and, after the establishment in 1851 of the colony of Victoria (now a state of Australia), he became its first lieutenant-governor. La Trobe was a strong supporter of religious, cultural and educational institutions. During his time as superintendent and lieutenant-governor he oversaw the establishment of the Botanic Gardens, and provided leadership and support to the formation of entities such as the Mechanic's Institute, the Royal Melbourne Hospital, the Royal Philharmonic, the Melbourne Cricket Ground and the University of Melbourne. La Trobe was the nephew of British architect Benjamin Henry Latrobe. Early life Charles La Trobe was born in London, the son of Christian Ignatius Latrobe, a leader of the Moravian Church, from a family of French Huguenot descent, whose mother was a member of the Moravian Church born in the ...
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Case Of Mines
The Case of Mines or ''R v Earl of Northumberland'' was decided in 1568. Rather than the usual four judges, a full panel of twelve common law senior judges, on appeal, decided “that by the law all mines of gold and silver within the realm, whether they be in the lands of the Queen, or of subjects, belong to the Queen by prerogative, with liberty to dig and carry away the ores thereof, and with other such incidents thereto as are necessary to be used for the getting of the ore.” The decision was in the law of England and Wales and was later confirmed by courts to be applicable in the monarch's other realms and dominions. The royalties payable by custom to the UK government have been passed by British statute to the former dominions early in their recognition as dominions. Facts The Earl of Northumberland in 1568 was Thomas Percy, 7th Earl of Northumberland. The Queen was Elizabeth I of England. Some copper miners in Keswick found an admixture of gold in copper mined from ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ...
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Governors Of Victoria
The governor of Victoria is the representative of the monarch, King Charles III, in the Australian state of Victoria. The governor is one of seven viceregal representatives in the country, analogous to the governors of the other states, and the governor-general federally. The governor is appointed by the monarch on the advice of the premier of Victoria. The governor's role is to represent the Crown in right of Victoria. This role mainly includes performing ceremonial functions, such as opening and dissolving Parliament, appointing the Cabinet, and granting royal assent. The governor's office and official residence is Government House next to the Royal Botanic Gardens and surrounded by Kings Domain in Melbourne. The current governor of Victoria is Linda Dessau, Victoria's first female governor. Powers In accordance with the conventions of the Westminster system of parliamentary government, the governor nearly always acts solely on the advice of the head of the elected govern ...
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Governors Of The Australian States
The governors of the Australian states are the representatives of Australia's monarch in each of Australia's six states. The governors are the nominal chief executives of the states, performing the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national or federal level. The state governors are not subject to the constitutional authority of the governor-general, but are directly responsible to the monarch. In practice, with notable exceptions the governors are generally required by convention to act on the advice of the state premiers or the other members of a state's cabinet. Origins The office of governor ("governor in chief" was an early title) is the oldest constitutional office in Australia. The title was first used with the Governor of New South Wales, and dates back to 1788 to the day on which the area (which is now the city of Sydney) became the first British settlement in Australia. Each of the sub ...
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Gold
Gold is a chemical element with the symbol Au (from la, aurum) and atomic number 79. This makes it one of the higher atomic number elements that occur naturally. It is a bright, slightly orange-yellow, dense, soft, malleable, and ductile metal in a pure form. Chemically, gold is a transition metal and a group 11 element. It is one of the least reactive chemical elements and is solid under standard conditions. Gold often occurs in free elemental ( native state), as nuggets or grains, in rocks, veins, and alluvial deposits. It occurs in a solid solution series with the native element silver (as electrum), naturally alloyed with other metals like copper and palladium, and mineral inclusions such as within pyrite. Less commonly, it occurs in minerals as gold compounds, often with tellurium (gold tellurides). Gold is resistant to most acids, though it does dissolve in aqua regia (a mixture of nitric acid and hydrochloric acid), forming a soluble tetrachloroaurate anion. Gold is ...
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Silver
Silver is a chemical element with the Symbol (chemistry), symbol Ag (from the Latin ', derived from the Proto-Indo-European wikt:Reconstruction:Proto-Indo-European/h₂erǵ-, ''h₂erǵ'': "shiny" or "white") and atomic number 47. A soft, white, lustrous transition metal, it exhibits the highest electrical conductivity, thermal conductivity, and reflectivity of any metal. The metal is found in the Earth's crust in the pure, free elemental form ("native silver"), as an alloy with gold and other metals, and in minerals such as argentite and chlorargyrite. Most silver is produced as a byproduct of copper, gold, lead, and zinc Refining (metallurgy), refining. Silver has long been valued as a precious metal. Silver metal is used in many bullion coins, sometimes bimetallism, alongside gold: while it is more abundant than gold, it is much less abundant as a native metal. Its purity is typically measured on a per-mille basis; a 94%-pure alloy is described as "0.940 fine". As one of th ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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Australian Property Law
Australian property law, or property law in Australia, is the system of laws regulating and prioritising the Property law rights, interests and responsibilities of individuals in relation to "things". These things are a form of "property" or "right" to possession or ownership of an object. The law orders or prioritises rights and classifies property as either real and tangible, such as land, or intangible, such as the right of an author to their literary works or personal but tangible, such as a book or a pencil. The scope of what constitutes a thing capable of being classified as property and when an individual or body corporate gains priority of interest over a thing has in legal scholarship been heavily debated on a philosophical level. Land law Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in ...
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Legal History Of Australia
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ...
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Licenses
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue," because a license usually either permits the licensed party to engage in an activity which is illegal, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be ...
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