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Auckland Provincial Government Gazette.

residence license shall be deemed forfeited under Section one hundred and twenty-six of the Act, the Inspector shall give notice to the Licensee in the form hereto appended marked Schedule N, or to the like effect, and such last mentioned notices shall be served in the manner prescribed for serving notices by Section ninety-three of the Act.

Declaration of Forfeiture.

28. All notices of the Inspector’s decision declaring the forfeiture of any license shall be in the form hereto appended marked Schedule O, or to the like effect.

Forfeited Land, how dealt with after application or sale.

29. The right of occupation to any forfeited land previously held as a claim or licensed holding, when granted by the Warden, to any person under Section thirty-four, or under Sections one hundred and ten and one hundred and eleven of the Act, shall be exercised by marking out such land as a claim, within forty-eight hours from the time of acquiring such right, and failing such marking out, the land shall be open to any person under the Act.

PART II.

WATER RACES, DAMS, AND RESERVOIRS.

Water Rights.

30. Any person desiring to obtain a license for the construction of a Water-Race, shall make application in writing, in the form hereunto appended marked Schedule P, and shall furnish within fourteen days of making such application a plan for the information of the Warden, showing the point of commencement of such race, its intended course, and the point of its termination.

Heads of Races.

31. All races shall have a point specified at which they shall be taken from the creek or river. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.

Alteration of Races.

32. The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race, and the owner thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race. Provided that such alteration or extension shall first be approved of by the Warden.

Number of Sluice-heads allowed.

33. The number of sluice-heads allowed for any such race as aforesaid shall be determined by the Warden according to the circumstances of each case and locality, and no water right shall be granted for the use or diversion of any water which is or may be shewn to be required for public purposes or for the use of the miners generally.

Water not to be wasted.

34. Owners of licenses shall not allow any water to run to waste, and any such owner when not using the water, shall (if required by the Mining Inspector) turn off the water at the head of his race into its natural channel.

Construction of Crossings, &c.

35. Any licensee of a water race cutting the same across roads or thoroughfares shall construct and keep in repair good substantial and suitable crossings over the said race, not less than twelve feet in width; and shall also construct suitable approaches not less than ten feet in length to and on each side of said crossings. And any person or persons opening up new roads or thoroughfares across any race shall construct and keep in repair suitable approaches as aforesaid thereto. Provided that such last mentioned roads, thoroughfares, and crossings shall not interfere with the security of the race.

Obstructions to Water-courses.

36. No person shall deposit any earth, stones, tailings, or other substance in or so that it may be washed into the bed of any water-course so as to obstruct the flow of the water therein, unless by the express permission of the Warden in writing.

Races may be carried through claims.

37. Upon application being made to the Warden it shall be competent for him to authorise the applicant to pass a water-race over, under, or through any claim or authorised holding. Provided that compensation shall be allowed, and such compensation shall be fixed as in the case of compensation for improvements, as provided for by Section sixty-five of the Act, for estimated damage (if any), and prior to commencing the construction of such race, such compensation shall be paid to the owner or owners of the claim or authorised holding over, under, or through which the proposed race has to be constructed.

Reservation of Water.

38. The Warden may, by notice in the Provincial Government Gazette, set apart any spring, stream, or other depository of water for domestic purposes, and no person shall thereafter defile such water or do any act whatsoever by means of which such water may be defiled or rendered unfit for domestic purposes.

Original line of race may be altered.

39. If by reason of any natural impediment it shall be impracticable or attended with unforeseen difficulty or expense to cut or construct a race according to the line originally designed therefor, it shall be lawful for the licensee of such race, having first obtained the permission in writing of the Warden, to deviate in the cutting of such race, so far from such originally designed line as shall be necessary to avoid the effects of such impediment; provided that no prior right be affected thereby.

Repair of Race.

40. When a race is in so inefficient a state of repair as to cause a waste of water, the Mining Inspector may order the water to be turned out at the head of such race until the defective portion is made good.

DAMS, &C.

Mode of Application.

41. Any person desiring to obtain a license for the construction of a dam or reservoir shall make application to the Warden in writing, in the form hereto appended marked Schedule Q, and shall furnish with such application a plan for the information of the Warden, showing as regards a dam, the site of such dam, and as regards a reservoir, the site and area of such reservoir, together with a specification containing all details of construction, and the applicant for such license shall obtain from the owner or owners of all claims or other authorised holdings, contiguous to such proposed site, or any other persons who may be affected by such proposed dam or reservoir, a certificate in the form hereunto annexed marked Schedule R, expressing his or their assent to or dissent from such application.