High Court of Australia
Privy 'Covxen.*
1921. ~~ July 25.
HIGH COURT a
[PRIVY COUNCIL)
THE COMMONWEALTH . . .).—. Appettants; DEFENDANTS,
ax
HAZELDELL LIMITED . . . . _ . Responpents. PLAINTIFFS,
ON APPEAL FROM THE HIGH COURT.
Land— Acquisition by Commonweealth—Compensation—Minerals—Reservation of all 'minerals in Crown grant—Right of public to mine for "all minerals" —Sub- 'stance proclaimed a mineral—Limestone—Lands Acquisition Act 1906 (No. 18 of 1906), sees. 28, 37—Crown Lands Alienation Act 1861 (N.S.W.) (25 Vie No.1), secs. 18, 18—Crown Lands Act 1884(N.8.W.) (48 Viel. No. 18), sce 2 4,5, 6, 7—Mining Act 1906 (N.S.W.) (No. 49 of 1906), seer. 3, 45, 45, 70.
Sec. 13 of the Crown Lands Alienation Act of 1861 (N.S.W.) provided that certain Crown lanl should be open for conditional sale; and se. 18 provided that, at the expiration of three years from the conditional sale and after py-
ment of the purchase money and compliance with certain other conditions 4 grant in fee simple should he issued to the purchaser "with reservation of any minerals which the land may contain." Sec. 2 of the Crovn Lands dt of 1884 (NSW) repealed certain Acts, including the Crown Lands Aieation Act of 1861, but enacted that the repeal should not" (i) Prejudice or afet any proceeding matter oF thing lawfully done or commenced or contracted tO 'be done under the authority of any enactment or regulation hereby repealed," tnd provided that (b) All rights accrued and obligations ineured or impel under or by virtue of any' of the anid repealed enactments shall sje £2 any express provisions of this Act in relation thereto remain unaffected by such repeal" By see 4 the word "minerals," unless the context necesily 'required a different meaning, was defined to mean and include coal, kerosene
* Present—Viscount Cave, Lord Dunedin, 'tkinson, Lord Shaw and 'Lord Phillimore, PRE 5
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