Collection 0030 - Albury Warden's Office (Mines)

The Albury Warden's Court was established by proclamation on 12 May 1874, under Section 67 of the Mining Act, 1874 (37 Vic. No.13), and was to be held at the Albury Court House. (1)
Warden’s Courts were Courts of Record, and the Wardens had the power to issue summonses and warrants. (2) The office of Mining Warden was usually held in conjunction with other offices including Police Magistrate or Clerk of Petty Sessions, but the court was a separate legal identity.
The Courts had original jurisdiction over the claims concerning:
a) the possession or occupation of Crown Land by virtue of a miner’s right or mineral lease of license;
b) recovery of land, race, drain, dam or reservoir abandoned or forfeited under an Act or regulation and the right to any profits;
c) the use, enjoyment and sale of water due to holding a miner’s right or mineral lease or license;
d) trespass or damage to property, unlawful abstraction of water and the exclusion of any person from use and enjoyment of water;
e) debt or damages consequent to any contract or agreement relating to gold or mineral mining;
f) claims to gold and minerals mined;
g) contracts and partnerships formed to mine gold or minerals;
h) contributions to working expenses or mines; mortgages or assignments of land used for mining purposes
i) boundaries of mining leases;
j) possession and occupation of mining leases; and any other disputes arising out of the right to mine on Crown Land. (3)

Various acts in subsequent years extended the powers and authorities of the Mining Wardens.
On 7 April 2009, all Warden’s Courts were abolished under the Court and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008). (4)
The jurisdiction conferred on the Warden’s Courts and the Wardens by the Mining Act 1992 (Act No.29, 1992) was transferred to the Land and Environment Court. (5)

References:
(1) NSW Government Gazette No.112, 12 May 1874, pp.1460-1461.
(2) Mining Regulation Act, 1874. s.68.
(3) Mining Regulation Act, 1874. s.69.
(4) Courts and Crimes Legislation Further Amendment Act, 2008 Schedule 19 (54) Amending Schedule 6 of the Mining Act 1992; Commencement Proclamation under the Courts and Crimes Legislation Further Amendment Act 2008 (Act No.107, 2008), published NSW Legislation Website (2009-112), 3 April 2009, Explanatory note.
(5) Ibid. Commencement proclamation, Explanatory note.