46

MINERAL LEASES.

Provincial Secretary's Office,
Nelson, June 10th, 1859.

HIS Honour the Superintendent directs the publication of the following correspondence for general information.

ALFRED DOMETT,
Provincial Secretary.

Crown Land Office,
Nelson, 17th May, 1859.

SIR,—I have the honour to apply for instructions from Government under the following circumstances.

You are probably aware that much excitement exists in the Province on the subject of the issue of Leases of Auriferous Lands at Massacre or (as it is proposed to call it)—Golden Bay. Mr. Gibbs's applications, for two sections of land for himself, and two for "The Metallurgic Company," have been received by the General Government, and a promise given that the leases should be granted. Another application from certain residents at Aorere was replied to, the effect that "no power existed" to grant such leases, and that it should be entertained when the Act conferring such power on the General Government had received the Royal assent.

The Provincial Council of Nelson, have passed a resolution to the effect that "it is highly expedient" that the Government should grant leases of auriferous lands, under the Regulations of 1856, till the Gold-Fields Act is assented to and in operation, or other provisions in operation for the leasing of auriferous land, provided that the lessee will undertake not to require the land leased to be put up to auction, as is provided for in the 45th clause of the Regulations."

The majority who carried this resolution maintained, of course, that there is power in the Provincial Government to issue such leases under the existing Land Regulations, and that the expressions in your letter in reply to the last above-mentioned application referred only to the power of the General Government in the matter.

The administration of the Waste Lands in this Province is, as you are aware, by the Land Regulations now in force (those made by the Governor on the recommendation of the Provincial Council and Superintendent, under the Waste Lands Act of 1854, and proclaimed to come into operation on the 1st July, 1856), placed in the Commissioner of Crown Lands and the Superintendent, with the advice of his Executive Council. Now, the Commissioner of Crown Lands is an officer of the General Government, holding a commission from his Excellency the Governor. As such, I conceive it to be my duty to act in accordance with the views of the General Government in the administration of the Crown Lands, if possible, and therefore apply in the present instance—as a doubt has been raised upon the expression of your opinion in the letter referred to—for explicit instructions in the matter.

The Superintendent and the Provincial Executive concur in opinion with me as to the meaning of your letter, and also as to the inapplicability of the present Land Regulations to gold lands, especially that condition which the regulations imperatively require to be attached to a lease, viz., that a royalty shall be paid of one-fifteenth of the fine minerals raised. But as the Provincial Council has expressed its opinion so decidedly as to the propriety of their issue, and as it is really most desirable that security should be given for the uninterrupted enjoyment of the results of the combined operations of diggers and others, which have now been, in some instances, commenced,

and in several others would be immediately undertaken, were such security obtainable, the Provincial Government is anxious to give every possible guarantee in its power that will facilitate and encourage such operations.

I have, therefore, the honour to request that you will be good enough to favour me with the opinion of the Attorney-General—Whether, 1st, the Commissioner and Superintendent, with the advice of the Executive, can issue valid leases of auriferous lands under the Nelson Land Regulations of the 1st of July, 1856? 2ndly. If they cannot issue valid leases, what security, if any, for possession of portions of these lands, they can give under those Regulations to parties requiring such leases? 3rdly. Whether, if leases were issued as required by the Provincial Council, and a condition that the land should not be put up to auction imposed, such condition would be of any effect, the Land Regulations expressly giving lessees this power after having worked the land leased three years?

I should also be obliged by your favouring me with instructions, whether I, as Commissioner, shall consent to the issue of such leases, or the giving of such security for the possession of the gold lands as the law adviser of the Crown may find it is in the power of the officers administering the Crown Lands, under the Regulations of 1856, to give.

Also, whether, if the Attorney-General is of opinion that no lease or other right of immediate possession can be given, the General Government will authorize the authorities under the Regulations, myself alone, to give a promise to the first applicants for any block of land that they shall have priority of right to a lease for such block; the General Government of course to issue the lease when the Gold Fields Act comes into operation, upon terms and conditions to be fixed by his Excellency and the Executive.

Lastly, as several parties of diggers and others are anxiously waiting the decision of Government on these cases, I have only to request you would favour me with an early answer to this letter, and, if possible, by return of post. I have, &c.,

ALFRED DOMETT,
Commissioner Crown Lands for Nelson.
To the Honourable the Secretary
for Crown Lands.

Superintendent's Office, Nelson,
21st May, 1859.

SIR—In order that his Excellency's Government may be fully aware of the number and character of the applications the Government has received for leases of auriferous lands in the Aorere district, I have the honour to forward herewith copies of the same.

The Commissioner of Crown Lands informs me that he has applied for instructions to the Secretary for Crown Lands as to the course he should adopt as an officer of the General Government, and in so doing has asked for the opinion of the Law Adviser of the Crown on the powers of the Executive Government in this respect. I need not request any further information than has been applied for by that officer; but the accompanying applications will perhaps show more forcibly the urgent necessity that exists for some immediate decision being arrived at in this matter, and the desirability of giving some sort of guarantee to parties engaged in combined operations for the future quiet possession of the works they have already engaged upon, or are desirous of undertaking, as well as the lands, to the mining of which such works are auxiliary. It is to be feared that many diggers will leave the diggings for want of employment, unless they are able to procure it from individuals combin-