Gold Fields Regulations




379

such notice shall be posted and maintained for fourteen clear days at the source whence it is proposed to obtain water, and at the proposed termination of such water race, and the intended course thereof shall be indicated by pegs not less than two inches square or by large stones marked /\ and placed not more than two hundred yards apart, and such notices shall state the mean breadth and depth of the proposed water race and the quantity of water it is capable of carrying. And if no valid objection be entered against the construction of such water race within fourteen clear days from the delivery of such notice, a license may be granted by the Warden to the applicant subject to the provisions and conditions herein contained.

  1. Any person desiring to cut any water race through or over any private or Native lands, shall not, except by consent of the owners or occupiers of such land, enter upon such land. The consent to form any such race must be first ascertained by the Warden.

  2. The cutting and formation of water races must be commenced within one calendar month, from the issue of the license authorizing the same, and the holders of such license shall continue cutting and forming the same until the work is completed.

  3. All right to any water race authorized to be constructed under these provisions, shall become forfeited if entirely unused by the owner thereof for the space of one calendar month, unless in cases of sickness or unavoidable absence or in consequence of failure of water, but it shall be lawful for the Warden in his discretion, upon sufficient cause being shown, to suspend the operation of this section for a further period of two months, and a certificate of such suspension shall be given in writing to the holders of such license.

  4. Every license for a water race shall be brought to the Warden for renewal annually and if any such license is not so brought within sixty days after the expiration of twelve months from the date at which it has been or may be granted, it shall be deemed to be forfeited and the registration thereof be cancelled.

  5. The holder or occupier of any water race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the water race, upon being required to do so by the Warden.

  6. No license shall be granted for the use or diversion of any water which is or may be required for public purposes or for the use of the miners generally.

  7. Two sluice heads of water shall if required be at all times allowed to flow in the natural course of any stream for general use.

  8. Where a water race crosses any water course, the use of which is required by holders of Miners’ Rights or by the owners or occupiers of any land, such water race shall be carried either over or under such water course, so as not to interfere with the natural flow of water therein.

  9. If any person shall take possession of unoccupied ground over which water escapes from an occupied claim, he shall not obstruct the flow thereof so as to throw it back upon the claim from which it escapes.

  10. No person shall obstruct, or in any manner interfere with such workings either in progress or completed; or do anything to prevent the object proposed to be accomplished thereby.

  11. If any person shall fell any tree or timber, either intentionally or by undermining, or other means, he shall remove it beyond the reach of floods, so that it may not be drifted down any stream. If any person shall fell timber on an adjoining claim so as to cause an obstruction, he shall, on demand of the occupier of such claim immediately remove the same.

  12. Permission to retain a claim unworked may be granted by the Warden, and the same shall be thereon registered for such time as the Warden shall think fit.

  13. Application for permission to register must be made in writing to the Warden stating.

(1.) Date of application.

(2.) Situation of the claim.

(3.) Reason for registering.

All registered claims must be marked by a notice posted on a conspicuous part of the claim.

  1. A certificate of registration shall be given by the Warden on payment of a fee of 5s., for every claim so registered, such certificate shall describe the claim protected, and state the reasons for which the same is registered.

  2. Any party assigning false reasons, shall not be protected in the possession of the claim by such registration.

  3. Any holder of a “Miners’ Right,” will be allowed to use timber (other than kauri) for building or mining purposes, and for firewood.

  4. Any person requiring “kauri timber” must apply to the Warden, who will give permission to cut the same, on payment of the sum of One Pound five shillings (25s) for each tree required by him.

BUSINESS LICENSES.

  1. Business Licenses will be issued authorising the holder to carry on business within the Gold Fields, the Fees to be paid for such license shall be five pounds for an annual license, three pounds for a half-yearly license and two pounds for a quarterly license. Provided, always that no person shall be entitled, under these regulations, to occupy except under a lease more than forty perches of land.

MISCELLANEOUS.

The Natives retain the right to lease allotments in the Township of Shortland. Any person occupying lands in that township



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1867, No 40





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🗺️ Gold Fields Regulations (continued from previous page)

🗺️ Lands, Settlement & Survey
Gold Fields, Regulations, Mining, Claims, Water Races, Licenses