Mining Regulations




487

term exceeding fifteen years from the making of the lease, nor for an area exceeding ten acres of alluvial land, nor for an area exceed- ing four hundred yards by two hundred yards on a quartz reef, nor in other case for less than one acre, nor for more than half an acre as a site for machinery.

Application to be recorded.

  1. Every application shall be recorded in a book to be kept for that purpose, and the day and hour of the receipt thereof, shall be therein entered.

Duplicate application to be forwarded to the Superintendent.

  1. Forthwith thereafter, the duplicate application shall be forwarded to the Super- intendent, and no lease will be granted until ten days after notice of the intention to grant the same, together with a copy of the application shall have been published in the New Zealand Gazette, or in the Gazette of the Province of Auckland, and also in at least one of the local newspapers best calcu- lated in the opinion of the Superintendent to give publicity to the same amongst the persons specially interested.

Survey to be made.

  1. As soon as conveniently may be after such publication, the Warden shall cause a survey to be made of the land applied for.

Plan to be furnished.

  1. The surveyor employed shall furnish to the Warden, in accordance with instructions to be given by him, a plan of the land showing the area, boundaries, and situation thereof, and the situation of any land over which any easement is required.

Notice to be placed on Land.

  1. The surveyor shall, at the time of making the survey, cause a notice, in the form marked C, in the schedule hereto annexed, to be posted on some conspicuous part of the land, and shall deliver a dupli- cate of such notice at the Warden’s office.

Priority of Applicants.

  1. In the event of more than one appli- cation being made for the same land, or any part thereof, the applicant who shall have first marked out the land shall have his application first heard and decided on. Provided the Warden, if he shall be of opinion that the ends of justice would be better attained, may reserve his judgment on the first application until all other applications have been heard.

Warden to determine claims of Prior occupation.

  1. When application shall be made for a lease of any auriferous land, to the whole or to any part of which any person other than the applicant shall claim to be entitled by virtue of prior occupation under a miner’s right or business license, the objection to the granting of such lease will be heard and dealt with by a Warden, in the same way as a case of encroachment under the “Gold Fields ’ct, 1866,” and such Warden shall immediately thereafter report the hearing of the objection, and his decision thereon to the Superintendent.

Objections to be made in writing.

  1. Objections, other than those mentioned in the last preceding section, to the issue of a lease shall be made in writing, stating the grounds of objection and be lodged, together with a deposit of Ten Pounds, for which a receipt will be given in the form marked B in the Schedule hereto annexed, at the Warden’s Office, not later than on the 15th day after the day on which the Surveyor shall have posted the Notice as aforesaid; and the Objector shall at the same time leave a memorandum appointing a convenient place, not more than three miles from the Warden’s Office, at which all documents required to be served may be left, and any such being so left shall be deemed to be duly served.

Time and place to be appointed for an enquiry.

  1. As soon as conveniently may be after such fifteenth day the Warden shall appoint a time and place for holding an enquiry into the truth of the particulars alleged by the Applicant and of the validity of objections (if any) made.

Seven days notice to be given.

  1. Seven days’ notice of the holding of such enquiry, shall be served on the Applicant and on any objector at the respective places named for service as hereinbefore provided, and a copy of such notice shall at the same time be forwarded to the Superintendent of the Province of Auckland.

Hearing may be adjourned.

  1. The hearing may be adjourned from time to time if any sufficient or reasonable cause be assigned or known to the Warden, on such terms as to costs and otherwise as the Warden shall think fit.

Evidence to be taken in writing.

  1. At such enquiry the Warden shall take evidence to be reduced into writing in relation to the application and objections (if any) and shall forthwith thereafter forward to the Superintendent the whole of the documents and evidence together with his opinion thereon.

If Objector fail to prosecute, or objection be untenable, Warden may grant Applicant’s expenses.

  1. If any objector fail to prosecute his objection, or if any objection made, shall in the opinion of the Warden be untenable, he may cause to be


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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1868, No 54





✨ LLM interpretation of page content

🌾 Proclamation of Regulations for Granting Leases on Thames Goldfield (continued from previous page)

🌾 Primary Industries & Resources
29 October 1868
Goldfields, Lease Regulations, Mining, Proclamation