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Agency Details

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Agency ID9573
TitleMining Warden's Court
Agency TypeMagistrates Court
Start Date 1/9/1990
End Date 16/3/2001
Date NotesN/A
Abstract

Responsible for making decisions regarding mining leases and tenures

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Series

Series IDTitleFromTo
20105Card Index to Master Tapes 1/1/1990 31/12/1992
19647Warden's reports, recommendations and summary sheets 1/1/1990 7/3/2001
20082Recordings of Warden's Court Proceedings 1/1/1990 31/12/2001
5959Fatal and Serious Injury Inquiry Files 1/9/1990 16/3/2001
20104Master Tape Record Books 11/9/1990 22/3/2001
4525Moura No. 2 Mine Fatal Accident Inquiry Exhibits and Evidence 9/6/1993 7/8/1997
20099Agreements 6/4/1998 14/2/2000
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Controlling Agencies

Agency IDTitleFromTo
364Resource Industries Department 1/9/1990 24/9/1992
494Minerals and Energy Department 24/9/1992 26/2/1996
83Mines and Energy Department I 26/2/1996 22/2/2001
10491Natural Resources, Mines and Water Department 22/2/2001 16/3/2001
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Agency IDTitle
1411Mining Warden, Ipswich
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Subsequent Agencies

Agency IDTitle
10445Land and Resources Tribunal
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Related Agencies

Details of related agencies do not exist or are unavailable.
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Finding Aids

This agency has no finding aids.
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Publication Notes

This agency has no publication notes.
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Remarks


Information Sources

Mineral Lands Act 1872
Queensland Government Gazette, 1872, Vol XIII, No.16, pp.1858-1859
Gold Fields Act 1874
Mining Act 1898
Coroners Act 1958
Queensland Government Gazette, 1990, Vol CCXCIV, No.91, p.1647
Land and Resources Tribunal Bill 1998: Legislative Bulletin No1/99
Land and Resources Tribunal Act 1999
2001 QSL No.14 and 16
Annual Report of Department of Mines and Energy 1999-2000, p.57
Annual Report of Land and Resources Tribunal 1999-2000, p.3
Annual Report of Land and Resources Tribunal 2000-2001, p.3
Annual Report of Land and Resources Tribunal 2002-2003, p.18
Mining Wardens Court. "Wardens Court of Queensland", 19 October 2000, 25 March 2004
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Legislation

Establishing Mineral Resources Act 1989
Abolishing Land and Resources Tribunal Act 1999,
Coal Mining Safety and Health Act 1999
Mining and Quarrying Safety and Health Act 1999
Administered Coal Mining Act 1925
Mines Regulation Act 1964
Fossicking Act 1994
Mineral Resources Act 1989-1994
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Description

ESTABLISHMENT:
Wardens Courts were originally established in Queensland under the "Gold Fields Act 1874" which provided for a court to be established on any gold field, presided over by a Warden. Further, pursuant to the Mineral Lands Act 1872, Commissioners appointed under that Act were empowered to hold court within a mining district. Under the "Mining Act 1898", the office of Mineral Lands Commissioner was abolished and all existing Commissioners were appointed Mining Wardens, thus amalgamating jurisdiction within mining fields and gold fields.

The "Mineral Resources Act 1989" restructured mining administration with the establishment in 1990 of a centralised Mining Wardens Court as a court of record, and regional offices under the supervision of Mining Registrars.

FUNCTION:
The Wardens Court had jurisdiction to hear and determine all actions, suits and proceedings relating to prospecting, exploration or mining or to any permit, claim, licence or lease granted under any Act relating to mining.

In addition, under the "Coroners Act 1958", the Warden exercised jurisdiction in relation to any death in or about a mine site, as well as conducting inquiries into any serious or fatal accident on any mining site in Queensland under the Mines Regulation Act 1964 and the Coal Mining Act 1925.

ADMINISTRATIVE STRUCTURE:
In hearings, the Wardens Court was constituted by one Warden, sitting alone. Accident inquiries were conducted by the Warden with the assistance of four reviewers, experienced in the mining industry. The Court conducted sittings as near as practicable to the accident site. Mining Registrars assigned to a mining district were the Registrars for Wardens Courts convened within that district.

ABOLITION:
Under the "Land and Resources Tribunal Act 1999", the Wardens Court ceased its jurisdiction in relation to claims, compensation and lease applications on 18 September 2000. This jurisdiction to hear mining matters was assumed by the Land and Resources Tribunal. However, the Wardens Court continued to inquire into serious and fatal accidents until 16 March 2001. From that date, the Wardens Court was abolished; inquiries into all fatalities on mine sites being dealt with by the Coroners Courts and all other serious accidents dealt with by [mining] Boards of Inquiry.
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Preferred Citation

Queensland State Archives Agency ID9573, Mining Warden's Court
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