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XII. RESIDENCE.

1.—Area which may be occupied for Residence.

Subject to the conditions hereinafter set forth, the holder of a Miner’s Right shall be entitled to occupy for residence an area of Crown lands not exceeding half an acre, or 2,240 square yards.

2.—Residence Areas to be Registered.

Any person desirous of occupying land under the preceding regulation, shall mark the corners of the area which he proposes to occupy with trenches, or substantial posts standing at least three feet above the surface, and shall give notice in writing in the form hereto appended, to the warden of the district, and a copy of such notice shall be posted and maintained in some conspicuous part of such area for the space of seven clear days, at the expiration whereof, if no valid objection has been entered thereagainst, the warden may grant a Residence Certificate to the applicant.

3.—Discovery of Auriferous Deposits.

If any auriferous deposit shall be traced to the boundaries of any land occupied for residence, the warden may, upon satisfactory proof thereof, authorise any surveyor or other person, by writing under his hand, to enter thereupon, and at such times, and in such manner as he may appoint to search the land so occupied for a continuation of the said auriferous deposit.

4.—Auriferous Areas may be Worked.

If any residence area shall be proved to be auriferous, the warden may, upon application, order the whole or any part thereof to be given up for mining purposes to such persons as he shall nominate: Provided that the original occupier shall be entitled to one full claim therein.

5.—Compensation to be paid.

In all cases compensation for actual damage or loss shall be estimated by assessors, and paid to the occupier of such area, by the persons desirous of mining thereon, prior to their taking possession thereof.

6.—Conditions of Working.

The warden shall make such orders relative to the mode of working the ground, the restoration of the soil, and other conditions as he may deem necessary or desirable.

7.—Transfer or Assignment.

The right and interest in any area occupied under a Residence Certificate may be transferred or assigned by the holder thereof, but such transfer or assignment shall, in all cases, be registered with the warden, and endorsed on the original certificate.

8.—Registration Fees.

The fees payable for registering any such application shall be five shillings (5s.), and the fee for registering any transfer or assignment shall be two shillings and sixpence (2s. 6d.)

FORM OF NOTICE REFERRED TO.

No. __

District of __

186__.

I hereby give notice that I desire to occupy for Residence (state the extent) of land situate at __ and that I have this day marked the corners of such land with (posts or trenches), in conformity with the Regulations herein made and provided.

Signature of the Applicant,

and the number and date of his Miner’s Right.

XIII. TUNNELLING.

1.—Definition.

Hills where the sinking exceeds 20 feet in depth, shall be considered tunnelling ground, subject to these Regulations.

2.—Protection whilst Prospecting.

Persons engaged in prospecting shall be protected in the occupancy of a claim having a frontage for two persons of 30 feet, or for four persons of 60 feet, by a depth of 300 feet.

3.—Registration and Marking.

Claims under the preceding section must be registered, and the boundaries marked and maintained by parallel trenches, or rows of pegs placed not more than 50 feet apart; and such trenches or pegs shall be at right angles with the frontage of the hill, along the entire depth allowed.