✨ Mining regulations
100
12.—Number of Sluice Heads allowed.
The number of sluice heads allowed for any
such race, as aforesaid, shall be as follows:—
One or two miners, one sluice head, or 40
inches of water; four or more miners, two
sluice heads; and so on at the rate of one
sluice head to every additional two miners.
13.—Water not to be wasted.
Holders of rights shall not allow any water
to run to waste; but such water shall be ap-
propriated to the use of the next holder of a
right, according to the date of their respective
registrations.
14.—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.
15.—Keeping races in repair, bridging, &c.
The holder or occupier of any race shall
keep the same in repair, and shall make an
efficient bridge where any road in ordinary
use crosses the race, upon being required to
do so by the Warden.
16.—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.
17.—Reservations.
No water right shall be granted for the
use or diversion of any water which is or may
be required for public purposes, or for the
use of the miners generally.
18.—Water for general use.
Two sluice heads of water shall, if re-
quired, be at all times allowed to flow in
the natural course of a creek or river, for
general use.
19.—Causing Claims to be flooded.
No person shall back the water of any
creek, river, race, or watercourse upon any
claim, or otherwise cause any claim to be
flooded, either wilfully or by neglect.
20.—Obstruction to Watercourses.
No person shall deposit any earth, stones,
tailings, or other substance in the bed of any
watercourse, so as to obstruct the flow of
water therein.
21.—Side-streams.
Where a race crosses any watercourse, 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.
22.—Construction of Tail-races.
Before any person shall construct a tail-
race, he shall first proceed by notice in the
same manner as is directed in Section 1, for
head-races. But such notice shall only re-
quire to be posted for seven (7) clear days;
at the expiration whereof the applicant shall
return to the Warden a copy of the notice,
which shall be signed by the holders of the
four (4) nearest claims, as expressing their
assent to or dissent from the issue of a certi-
ficate for such tail-race. And the Warden
shall enquire into any objection thereto, or
into any cause of dissent as aforesaid; and
shall thereafter issue or withhold a certificate
of registration according to the equity of the
case.
23.—Use of Tail-races.
Any person wishing to use a tail-race may
do so on condition of first paying to the owner
of such tail-race a proportionate share of
the expense of construction, and of any en-
largement that may be rendered necessary by
such use; provided that the person so using
any tail-race shall bear an equal share in any
labor or expense incurred in clearing the
same, or such portion thereof as may be so
used, whenever it shall be necessary to do so.
24.—Flood-races.
Any person may cut a flood-race through
or by his claim, subject to such restrictions as
the Warden may consider necessary for the
public good.
25.—Races may be carried through Claims.
Upon application being made to the Warden
it shall be competent for him to authorise the
applicant to pass a head-race or tail-race over,
under, or through any claim or right: Pro-
vided that compensation shall be allowed for
estimated damage (if any), and prior to com-
mencing the construction of such race such
compensation shall be paid to the holder or
holders of the claim or right over, under, or
through which the proposed race has to be
constructed.
26.—Certificates renewable annually.
Every grant or certificate for a head-race
shall be brought to the Warden for renewal
annually, and if any such grant or certificate
is not so brought within 30 days after the
expiration of twelve months from the date
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Rules and Regulations for the Nelson South-west Gold-fields
(continued from previous page)
🌾 Primary Industries & ResourcesGold-fields, Mining regulations, Water rights, Sluice heads, Tail-races, Warden
Nelson Provincial Gazette 1865, No 23