Miner's Licence
Encyclopedia
The Miner's Licence was the colonial government's response to the Australian gold rushes
and the need to provide infrastructure including policing. The Governor of New South Wales
, Sir Charles Fitzroy
invoked a sixteenth-century lawsuit, R v Earl of Northfartland (‘Case of Mines
’) which was decided in 1568, to proclaim the Crown
's right to all gold found in New South Wales
. No man could dig for gold unless he had bought a licence. The charge for the licence was set, to begin with, at 30 shillings a month, an amount believed to be high enough to discourage unlucky diggers but not so high as to encourage rebellion. The price was later changed to 1 pound a month, or 8 pounds a year. This licence entitled the miner to a 3.6 square metre piece of land, and had to be paid for regardless of whether or not gold had been found.
Miners did rebel, most notably at the Eureka Stockade
in Victoria, Australia, but there had been protests since its inception. As a result of the Eureka Stockade protest, the Miner's Right
was introduced.
Australian gold rushes
The Australian gold rush started in 1851 when prospector Edward Hammond Hargraves claimed the discovery of payable gold near Bathurst, New South Wales, at a site Edward Hargraves called Ophir.Eight months later, gold was found in Victoria...
and the need to provide infrastructure including policing. The Governor of New South Wales
Governors of New South Wales
The Governor of New South Wales is the state viceregal representative of the Australian monarch, Queen Elizabeth II, who is equally shared with 15 other sovereign nations in a form of personal union, as well as with the eleven other jurisdictions of Australia, and resides predominantly in her...
, Sir Charles Fitzroy
Charles Augustus FitzRoy
Sir Charles Augustus FitzRoy, KCH, KCB was a British military officer, politician and member of the aristocracy, who held governorships in several British colonies during the 19th century.-Family and peerage:...
invoked a sixteenth-century lawsuit, R v Earl of Northfartland (‘Case of Mines
Case of Mines
The Case of Mines or R v Earl of Northumberland was decided in 1568. Twelve judges decided authoritatively “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...
’) which was decided in 1568, to proclaim the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
's right to all gold found in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. No man could dig for gold unless he had bought a licence. The charge for the licence was set, to begin with, at 30 shillings a month, an amount believed to be high enough to discourage unlucky diggers but not so high as to encourage rebellion. The price was later changed to 1 pound a month, or 8 pounds a year. This licence entitled the miner to a 3.6 square metre piece of land, and had to be paid for regardless of whether or not gold had been found.
Miners did rebel, most notably at the Eureka Stockade
Eureka Stockade
The Eureka Rebellion of 1854 was an organised rebellion by gold miners which occurred at Eureka Lead in Ballarat, Victoria, Australia. The Battle of Eureka Stockade was fought on 3 December 1854 and named for the stockade structure erected by miners during the conflict...
in Victoria, Australia, but there had been protests since its inception. As a result of the Eureka Stockade protest, the Miner's Right
Miner's Right
The Miner's Right was introduced in 1855 in the colony of Victoria, replacing the Miner's Licence. Protests in 1853 at Bendigo with the formation of the Anti-Gold Licence Association and the rebellion of Eureka Stockade in December 1854 at Ballarat led to reform of the system with a cheaper annual...
was introduced.