The preamble to the mining Act sets out that such Act is to provide for the encouragement and regulation of mining within the State of Queensland. This paper will attempt to follow the legislative path of such aim and in particular to show what part Mining Wardens play in the administration of the Mining Act._x000D_
The Mining Act empowers the Governor in Council to constitute Mining Districts and Mining Fields and to appoint any duly qualified officer of the Public Service of Queensland to be a Warden or a Mining Registrar. As a matter of practice Stipendiary Magistrates who hold office in the major centre within a Mining District are appointed Wardens and Clerks of the Court are appointed Mining Registrars. In some districts where there is no Stipendiary Magistrate the Clerk of the Court is appointed an Acting Warden with all the powers of a Warden. Every Warden so appointed is a Warden for the whole State._x000D_
To achieve impartiality Section 74 of the Mining Act provides that a Warden shall not hold or be entitled (directly or indirectly) to the benefits of any share or interest in a mining tenement or mining venture and provides a penalty of $1000 or imprisonment for six months or both, for contravention of such section.