✨ Mining Regulations
8
RULES AND REGULATIONS OF THE
- INFORMATION TO BE OBTAINED FROM REGISTRAR.
Any person requiring any information from the mining registers, may obtain the same on payment of one shilling, and it shall be the duty of the Mining Registrar, or, if there is no Mining Registrar, of the Warden's Clerk, to furnish such information.
X.—WATER RIGHTS AND RACES.
- APPLICATION.
Any person desiring to obtain a registered water-right, or to construct a head-race, tail-race, or flood-race, or a branch-race for the distribution of water, or to alter or extend a race, shall proceed as directed by Section IX.
- GROUND ALLOWED ON EACH SIDE OF A RACE.
The holder of a certificate of registration for a race shall be entitled to occupy, as a site for such race, five feet on each side of its central line; provided that this regulation shall not apply to such portions of a race as may be flumed, or to branch races.
- SUPERIORITY OF RIGHT.
Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases when the occupier claims, under a certificate or other authority in writing, granted by a Warden or Commissioner, occupation shall be taken to have commenced at the date of such certificate or authority.
- RACES TO BE COMMENCED WITHIN ONE MONTH.
The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers shall continue cutting and forming the same until the work is completed, otherwise any superiority of right to which they may be entitled by virtue of such registration shall be deemed to be forfeited.
- ABANDONMENT OF RACES.
All right to any race shall become forfeited if abandoned for the space of one calendar month, unless in case of sickness or unavoidable absence, or in consequence of failure of water; but it shall be lawful for the Warden, in his discretion, upon sufficient cause being shown, to suspend the operation of this regulation for a further period; and a certificate of such suspension shall be given in writing to the occupiers, who shall post a copy of such certificate at the head and termination of the race; and no such suspension shall continue in force for more than one month at a time.
- HEADS OF RACES.
All races that may hereafter be cut shall have a point specified at which they shall be taken from the creek or river. In races already cut, this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.
- INSUFFICIENT SUPPLY OF WATER.
If the water flowing in any creek or river is insufficient to supply all the races connected therewith, the owner of any right shall, on receipt of a written notice from the owner of a superior right, stating that the supply of such superior right is less than he is entitled to, immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right.
- WATER TO BE LEFT RUNNING IN CREEKS.
The holders of water-rights shall not be entitled to take water from any river or permanent stream, when by so doing they will reduce the quantity of water in such stream to less than one sluice-head.
- WATER GUAGE.
A sluice-head of water shall be twenty superficial inches, with a pressure of seven inches above the centre of the aperture from which it flows.
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Regulations for Applications, Registrations, and Transfers of Mining Privileges
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🌾 Primary Industries & ResourcesMining, Mining registers, Water rights, Races, Water supply, Warden, Mining regulations
Nelson Provincial Gazette 1868, No 29