✨ Land Regulations
79
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If any person holding under such lease as aforesaid shall not within six months enter into bona fide occupation of the land thereby leased, or if he shall not pay the yearly rent of sixpence per acre at the end of the second and every subsequent year, or if he shall cease to bona fide occupy, or if he shall omit for one month after notice to make the return in writing required as aforesaid, the Commissioner shall forthwith, by a notification to be published in the Provincial Government Gazette, declare that the right and interest of such lessee in such land has become forfeited; and the Superintendent may let or sell or otherwise dispose of it under these Regulations in the same manner as if the land had never been let to such lessee.
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If any question shall at any time arise as to whether a forfeiture has been incurred or sufficient improvements made, as required by these Regulations, it shall be lawful for the lessee, within one month after such question shall have arisen, to prefer an appeal, in writing, to the Superintendent, which appeal shall be referred, at the expense of the party requiring the same, to two arbitrators and an umpire, to be appointed in the usual way, whose decision shall be final and conclusive.
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If any lessee or any other person shall, after the time for appealing to the Superintendent against the decision of the Commissioner shall have elapsed, continue in possession of land which shall have become forfeited under the provisions of these Regulations, he shall be deemed to be in the unlawful occupation of Waste Lands of the Crown, and shall forfeit and pay for every day during which he shall so continue in possession the sum of forty shillings, to be recovered before any Justice of the Peace in a summary way.
V.
Land for Special Settlement.
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It shall be lawful for the Superintendent from time to time, to declare by Proclamation that a certain Block of Land therein described shall be set apart and reserved for certain Immigrants expected to arrive from the United Kingdom, or elsewhere, other than the Australian Colonies.
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Such land so set apart and reserved shall be sold exclusively to such Immigrants upon the terms and conditions hereinafter prescribed respectively in reference to Town and Suburban Land and to General Country Land and Credit Land, as the Superintendent may from time to time think fit.
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It shall be lawful for the Superintendent at any time to revoke any such Proclamation, and the land therein comprised shall thereafter be open to be classified and dealt with as though the same had not been set apart and reserved as aforesaid: Provided always that the validity of any act which shall have been done under such proclamation before the revocation thereof, shall not be affected by such revocation.
VI.
Mineral Lands.
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Any person applying for a Lease of Waste Land (other than Town or Suburban Land), whether surveyed or unsurveyed, for the purpose of winning and working the Minerals (other than Gold) therein contained, shall be entitled to the same upon the following terms and conditions:—
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The Lease shall comprise so much Land as shall, in the opinion of the Commissioner, be necessary for the efficient working of the Minerals, not being less than 20 or more than 80 acres.
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The term to be granted shall be any number of years, at the option of the Lessee, not exceeding 21.
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There shall be reserved a Royalty or rent of one-fifteenth of the Minerals to be raised.
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The Lease shall contain clauses in the usual form introduced into Mining Leases—
- For securing the payment of the Royalty or rent;
- For enabling some person on the part of the Lessor from time to time to enter and examine the Mine;
- For securing the regular, proper, and efficient winning and working of the Minerals;
- For making void the Lease on breach of the stipulations on the part of the Lessee therein contained;
- For delivering up the property at the termination of the Lease in good tenantable repair;
- For enabling the Lessee to abandon the working of the Minerals whenever he shall find the same unprofitable to work, and surrender the Lease.
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All applications for Leases shall be sent in by the applicants, and dealt with in the same manner as applications for General Country Land.
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Every applicant for a Mineral Lease shall furnish to the Commissioner, within a time to be fixed by him after the application shall have been granted, a plan and description of the land to be leased; which plan and description shall be made and prepared by a surveyor to be approved of by the Commissioner.
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The Land comprised in any Mining Lease shall, at the request of the Lessee, at any time after an occupation of three years, be put up to auction at an upset price of ten shillings an acre, subject to the Lease thereof already granted.
VII.
Auriferous Land.
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It shall be lawful for the Superintendent with the advice of his Executive Council, from time to time to make Rules and Regulations as hereinafter provided, for regulating Gold Mining in the Province of Auckland, and such Rules and Regulations from time to time to alter, amend, and revoke: Provided always that all such Rules and Regulations and every right and interest created thereunder, except Leases, shall cease and determine at the end of the next Session of the Provincial Council after the same shall have been made.
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Such Rules and Regulations may be made for all or any of the following purposes:
- For regulating the use and occupation of the Waste Lands for the purposes of Gold Mining.
- For authorising the occupation of Waste Lands for the purpose of Residence with the object of Mining, or carrying on a business for furnishing supplies to miners.
- For regulating the granting, transfer, and cancelling of Licences to Mine for Gold on the Waste Lands, and fixing the fees payable for such licenses.
- For regulating the granting of Leases for Mining purposes, of portions of Auriferous Quartz veins, and the terms and conditions for and on which such Leases shall be granted, and for fixing the amount to be paid by way of rent, whether as a Royalty or otherwise.
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For the purpose of giving effect to the
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Proposed Land Regulations of the Province of Auckland
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Regulations, Waste Lands, Native Land, Auckland Province, Surveying, Land Sales
Auckland Provincial Gazette 1859, No 13