Working ground occupied for races.

Any person desirous of working the ground on which any race or portion of a race is situated, may do so by first providing an equally good race for the use of the occupier: Provided that the consent of the Warden thereto be first obtained.

Causing Claims to be flooded.

No person shall back the water of any creek, river, race, or water-course upon any claim to the injury of the owner thereof, or otherwise cause any claim to be flooded, either wilfully or by neglect: Provided that if it be proved to the satisfaction of the Warden that any claim cannot be worked profitably without backing any such water, the Warden may, at his discretion, authorise the backing of any such water upon any claim registered subsequently to that of the persons wishing to back such water, but not upon any claim registered and bona fide occupied previously thereto.

Obstructions to Water-courses.

No person shall deposit any earth, stones, tailings, or other substance in the bed of any water-course, so as to obstruct the flow of water to the injury of any person.

Side streams.

Where a race crosses any water-course, the use of which is required by holders of Miners’ Rights, it shall be carried either over or under the same, so as not to interfere with the natural flow of water therein.

Transfer or Assignment.

The transfer or assignment of any race, or of any interest therein, shall not affect any right or privilege attached to such race: Provided that any such transfer or assignment shall have been duly registered at the office of the Warden, and a memorandum thereof made upon the back of the original certificate.

Yearly Fee.

The owner or occupier of any head-race lawfully held, occupied, and used under and by virtue of any Regulation or Act affecting gold fields at present in force in the Province of Marlborough, shall pay to the Warden, for the use of such race, the sum of Ten shillings per annum, for every and each sluice-head contained in such race as registered; and no certificate of registration shall be issued by the Warden for such race, unless such payment of Ten shillings for each and every sluice-head as aforesaid shall have first been made.

Renewal of Certificate.

Every certificate of registration for any such head-race as aforesaid specified in the several clauses of this Section, shall be renewed yearly with the Warden, and the payment of Ten shillings for each and every sluice head of water contained in such head-race, as registered, shall be made within fourteen days from the expiration of such certificate, for such renewal.

Fees to be paid for Races already registered.

The owner or occupier of any head-race registered previous to these Regulations coming into operation, shall, on and after the first day of ... next ensuing, pay to the Warden of such race, a proportionate sum at the rate of ten shillings per annum for every and each sluice-head contained in such race as registered, for the space of time that such certificate of registration issued previous to these Regulations coming into operation shall have to run.

V. TAIL RACES:

Registration of Tail Races.

All tail-races shall be registered with the Warden, and to obtain certificates of registration for the same, notices of application shall be posted up, under and in conformity with the provisions of clause 1, Section XII (post) of these Regulations, in the form hereafter set forth.

FORM OF NOTICE.

APPLICATION FOR TAIL RACE.

No. ...

Situation of:

(Signed)

Hearing:
Objections to be lodged within ... days.

(Signed) Warden.

Priority of Registration.

Priority of application before registration shall give priority of right, in directing the course of, or affecting any tail-race.