Auckland Provincial Government Gazette.

Application to be posted and conditions.

42. A copy of the application required by the previous section shall be posted and maintained for fourteen days at the site of the proposed dam or reservoir, and if all other proceedings required by the Act shall have been fully complied with, the Warden may, after hearing all parties interested, grant a licence for such dam or reservoir; provided no valid objection shall have been substantiated thereto; and provided that such dam or reservoir shall be substantially constructed, that such construction shall be approved by the Mining Inspector, and that the licence for such dam or reservoir shall be granted and held, subject to the inspection and approval of the Mining Inspector from time to time as he may consider necessary.

Licensee may construct Catch Races.

43. The licensee of any dam or reservoir on obtaining permission from the Warden in writing, may form and cut or construct catch races to gather and convey water into such dam or reservoir; provided that if such races are required to convey water from any running stream or creek, they must be acquired in the same manner as ordinary water races.

Date of issue of Licences.

44. For the purpose of Section eighty-five of the Act, the date of issue of a licence for a water-race, dam, or reservoir shall be deemed and taken to be the date advertised as that on which the same may be granted, unless any objection shall have been lodged to the granting thereof, and in such case the date on which such objection shall have been finally adjusted.

Applications may be deemed relinquished.

45. If the first annual payment to be made for a licence for a water-race, dam, or reservoir, be not made on the day of issue above mentioned, or within thirty days thereafter, the Warden may deem such application relinquished, and may order the balance of deposit paid by the applicant to be applied to gold fields revenue.

PART III.

MACHINE, BUSINESS, AND RESIDENCE SITES.

Application for Business and Residence Sites.

46. Any person desirous of obtaining a licence to occupy land for a business or residence site shall mark the corners of such site with posts standing not less than two feet above the surface of the ground, and being not less than three inches square, and shall make application to the Warden in the form marked Schedule S, and a copy thereof shall be posted and maintained on some conspicuous part of such site for the space of fourteen clear days, at the expiration whereof, if no valid objection exist, the Warden may grant a licence to the applicant for such site.

Machine Sites.

47. Application for machine sites shall be made in the same form as applications for business and residence sites, but notice of any such application, and of the intention of the Warden to grant the same, shall be twice advertised in some local newspaper at the cost of the applicant, and a plan of the proposed site shall be furnished with such application.

Amalgamation of Residence Sites.

48. In cases where two or more adjoining residence sites are held by members of one family, they may amalgamate their allotments, if such amalgamation be approved by the Warden, but for so long only as they may continue to hold such allotments as members of one family.

Maintenance of Pegs.

49. Occupants of machine, business, or residence sites shall place and maintain at each corner of such machine, business, or residence site a peg not less than three inches square, and standing at least two feet above the surface of the ground.

Land may be set apart for Business sites.

50. The Warden may, whenever it shall be necessary for the public convenience, set apart land to be occupied for business purposes, and may direct a competent surveyor to divide such land by streets and roadways in the most convenient manner, and no person shall occupy any part of any land so set apart except under a business site licence.

How land to be dealt with after Forfeiture.

51. On a decision by the Warden’s Court at the suit of the Inspector giving him possession of any machine, business, or residence site, it shall be lawful for the Warden to direct that the land shall then be open for occupation, or to deal with the same in the manner provided in Sections one hundred and nine to one hundred and eleven of the Act.

PART IV.

TIMBER, ROADS, AND TRAMWAYS.

Permission to Cut Timber.

52. Any person desiring to cut timber for sale, shall make application to the Warden for permission in the form hereto appended, marked Schedule T; and a copy of such application shall be posted for seven days in at least two conspicuous places on the ground, and also one copy outside the Warden’s office. If no valid objection be made, the Warden may grant a certificate in the form hereto appended, marked Schedule V, on payment of a fee of not less than Five pounds sterling, which shall be in force for twelve months from the date thereof, and shall entitle the holder, subject to such conditions as the Warden may think fit to impose, to cut any timber (except kauri or reserved trees) within the block of land for which the certificate is issued. Provided that every person holding any such certificate, and every person employed by him to cut timber, shall be the holder of a miner’s right.

Rights of owner of claim.

53. The owner of any claim shall be entitled to cut and use for mining purposes all timber (other than kauri) growing upon the said claim, and shall be entitled to cut for his own mining purposes any timber (other than kauri) growing on unoccupied ground.

Kauri timber to be paid for.

54. Any person requiring kauri timber must apply to the Warden, who may give permission to cut the same on payment to the Receiver of Revenue of the sum of One pound five shillings sterling for each tree required.