✨ Mining Regulations
43
Warden to any claim for a period not exceeding three months, if it be first proved to his satisfaction:—
1st. That the holders thereof are from any cause temporarily unable to work it;
2nd. That they have worked continuously on such claim for the two months immediately previous to the date of their application;
But no claim shall be specially protected for a longer period than the holders thereof have been working it; and any person desirous of obtaining such special protection shall give notice in writing to the Warden, in the form hereinafter provided, and shall post and maintain a copy of such notice in a conspicuous place on his claim for the space of no less than fourteen days, at the expiration whereof, if no valid objection be entered, the Warden may issue a certificate of registration to the applicant, and such certificate may be for the period named in the application, or for any less time, the fee payable for the same shall be Five shillings per man.
FORM OF NOTICE OF APPLICATION FOR PROTECTION.
No. ............ District and Date.
I hereby give notice that I desire to obtain special protection for [here state the time] for my claim situate at ............, and I declare that the following particulars are true in all respects:—
- The claim has been worked during
- The depth sunk is ............ feet, and the length of drives ............ feet.
- The cause for which I require special protection is ............
[Signature, &c.]
4.—Notice of Protection to be posted.
When any claim is under protection, the occupier thereof shall maintain on some conspicuous part of the said claim a copy of notice of protection in the following form:—
SPECIAL [OR ORDINARY] PROTECTION.
Granted from ............ to ............ to the claim occupied by ............
Area: ............
Situation: ............
[District and date.]
(Signed) ............
Warden.
5.—Special Protection may be cancelled.
If it shall at any time be represented to the Warden that it is necessary for the efficient working of any adjoining claim, that any certificate of special protection be cancelled, and that it is in the power of the shareholders in any protected claim to work it, he may summon them to show cause why their certificate of protection should not be cancelled, and if no reasonable cause be shown he may cancel such certificate of protection; and the service of such summons shall be either personal or by posting it in a conspicuous place on the claim for not less than seven days.
6.—River Claims specially Protected during Floods.
All creek and river claims shall be deemed to be "specially protected" while they are so much flooded that they cannot be worked, and no longer; and a notice of "special protection," setting forth the date of such protection and the cause necessitating the same shall be placed in a conspicuous spot, on or near the claim, by the owner or occupier of such creek or river claim, and shall there be maintained until the working of the claim shall have been resumed.
7.—Water may be backed on to River Claims while under special protection.
During the period that any creek or river claim is under special protection, all superiority of right with regard to backing water, conferred on the shareholders therein by priority of occupation, shall remain in abeyance.
8.—Protection during notice.
Sites for dams and machines, and the proposed courses for water-races, sludge channels, and drains, together with all rights and privileges connected therewith, shall be protected during the period assigned for giving notice of intention to construct or erect the dam, or until finally dealt with by the Warden.
9.—Protection during operations.
All claims, rights, and privileges of whatsoever nature, lawfully held and enjoyed under these Regulations, shall be protected during the time that the owners or holders thereof are actually engaged in operations connected therewith: Provided that, whenever the owner or occupier of any such claims, rights, and privileges, shall be engaged in any operations at any distance from the place of such claims, rights, and privileges, a notice in writing of such absence shall be delivered to the Warden, in which shall be set forth, the place of residence, the present place of operation, and the distance of such place of operation from the claim or right of any such owner or occupier.
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Regulations for Protection of Claims
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🌾 Primary Industries & ResourcesMining, Claim Protection, Ordinary Protection, Special Protection, Title
Marlborough Provincial Gazette 1867, No 146