1913
22 September 1913
Mining Application.
Objection by Lue Landowner
At the Mudgee Warden's Court, before Mr. Warden Arnott, Robert Reynolds applied for authority to enter upon 20 acres of land held by Robert W. Probert, of Lue.
Probert appeared in person to oppose the application on the ground that the area was excessive and the compensation offered had been small.
Robert Reynolds, miner, Lithgow street, Lithgow, deposed: I have a miner's right. I am the applicant for permission to enter. The land referred to is rock, stony hill. It would be termed grazing land, but it is very rocky. Two or three acres might have grass, but the rest is rocky. The land is not under cultivation. I have applied for 20 acres, but will not perhaps work more than half an acre. I want to sink the shaft drive and so on. I think an annual rent of 1/- an acre is a fair thing. I think £1 is fair compensation. It would take 500 or 600 acres of the land to carry one sheep. It is useless for sheep.
Robert W. Probert, grazier, "Woodlands," Lue, deposed: I own the land that Reynolds wants to enter. It is good grazing land, I think unless I got 10/- an acre I would not be paid at all. I did not oppose an application for authority to enter by a man named Bennett, because Bennett has been a neighbour of mine for 17 years and he gave permission to run stock on 200 acres that he held. Reynolds said that he would not damage the surface of more than one acre.
Probert estimated the value of the land at £2 an acre. He could not assess the compensation. This particular portion is a conditional lease which the Land Board now assess at ? per acre per annum. Formerly I paid 3d an acre per annum. I have refused £2 an acre for the block of 800 acres, which includes the land Reynolds wants to use. The land is four miles from Lue.
F. E. Winser, Warden's bailiff, deposed: This 20 acres of land in question is very rocky country. It is right on the spur of a ridge. I should not think it fit for grazing. It's very difficult to get over it because it's so rough. It has very little grass on it.
The Warden granted the authority for 12 months from September 19, 1913, assessed the rent at 2/- per acre and the compensation at £3. All shafts to be safeguarded against stock.
Reynolds said he would make an application for a road of access.
The P.M. remarked that no one could prevent him getting a road to the mine, and recommended the applicant to interview the owners.
Probert said he would raise no objection to the road across his land. Reynolds, however, decided to make the application to be on the safe side1
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Mr & Mrs Robert William Probert were living at Woodlands, Lue in 1921 when their son died2
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The Probert family were living at Woodlands Lue when Mrs Lucy Probert died in 19243 .
In 1926 Robert William Probert married Sarah Gudgeon. They made their home at Woodlands, Lue4 .