β¨ Mining lease regulations
108
NELSON GOVERNMENT GAZETTE.
- CASES OF ENCROACHMENT.
When applications shall have been made for a lease of any land, to the whole or any part of which any person other than the applicant shall claim to be entitled by virtue of prior occupation under a Minor's Right or Business License, the objection to the granting of such lease may be heard by the Warden in the same way as a case of encroachment under the Goldfields Act, and such Warden shall immediately report the hearing of any such objection, and the decision arrived at therein, to the Superintendent of the province.
- INQUIRY INTO APPLICATION.
After the expiration of fourteen days allowed for objections, the Warden shall appoint a time and place for holding an inquiry into the truth of the particulars alleged by the applicants, and of the objections (if any) made by each objector, and two clear days' notice of the hearing of such inquiry shall be given to each of the parties interested therein.
- PROCEEDINGS AT INQUIRY.
At such inquiry, the Warden shall take evidence in relation to the application and objections, and immediately thereafter he shall forward to the office of the Provincial Secretary the application and objections (if any) thereto, and the evidence taken by him as aforesaid, with his opinion thereon, together with the report, plan, and tracing furnished to him by the Surveyor as hereinbefore directed.
- DATE OF LEASE.
Every lease shall bear date the day of execution thereof by the Governor, and shall within thirty days of the publication of the notice of the intention to grant the same, be executed and transmitted to the Warden, at whose office the same may be obtained; and the Warden shall deliver the same to the applicant, or such person as shall be duly authorised to receive and execute the same upon his application therefor, and execution thereof, within the time hereinbefore prescribed, and upon delivery to the Warden of a receipt, showing that a fee of one pound, together with the first half-year's rent, has been paid to the Receiver of Gold Revenue for the District.
- EXECUTION OF LEASE.
Upon receiving the lease, the Warden shall, within seven days, cause notice to be given to the lessee, or lessees, requesting his or their attendance at the Warden's office, or other convenient place, to execute and take delivery thereof within a reasonable time, not exceeding fourteen days from the date of such notice; and should the said lessee or lessees, or his or their lawful attorney, as hereinafter provided for, fail to comply therewith, or to show reasonable cause for an extension of the time allowed for the purpose, the Warden shall report the circumstances to the Provincial Secretary, and the Superintendent may thereupon declare the lease forfeited, or take such other action therein as he may think fit.
- COSTS.
All costs and expenses incurred by, or on behalf of, or by direction of the Government, by reason of the withdrawal of any application for a mining lease, or of the non-execution of any such lease within the time aforesaid, shall be considered expenses within the meaning of the fourth clause of these Regulations.
- TERM.
The term of the lease cannot in any case exceed fifteen years.
- AREAS OF LEASES.
The extent of any lease on quartz lodes or veins shall be not more than 400 yards along the line of the lode by a width not exceeding 200 yards measured across the lode, and in alluvial workings an area not exceeding ten acres.
- RENT.
The rent to be charged under these Regulations shall not exceed two pounds per acre per annum for every acre or portion of an acre comprised in the lease, and shall be payable half-yearly in advance.
- PRIORITY OF RIGHT.
When an application for a lease shall be made by any person holding a quartz claim for the purpose only of obtaining a better title thereto and such application shall be refused, notice of such refusal shall be served upon such person who shall have the prior right to take up the land so applied for as an ordinary quartz claim, provided the same shall have been continuously worked and fully occupied between the time of application and refusal, and in the event of such claim not being pegged out by such person within seven days from the service of such notice, the same shall be open for occupation by any other person, provided always that where such priority of right is exercised, it shall not be necessary to have such claim re-surveyed.
- POWER TO ENTER GROUND LEASED FOR QUARTZ-MINING, AND WORK ALLUVIAL GROUND.
Any ground leased for quartz-mining may include within its boundaries any river, permanent stream, or spring: provided always that in such case the bed of such river or stream, and a distance of one chain at right angles from each bank thereof, shall be reserved for the purpose of alluvial mining, and it shall be lawful for any person to work the said reserve for such purpose, provided he does not interfere with the lessees, nor shall any such alluvial workings be carried on within a distance of fifty feet of where a quartz reef is visible, or within the same distance of any quartz workings.
- TRANSFER.
Whenever any application for a lease shall be recommended, the Warden shall, upon payment of a fee of five shillings, issue to the applicant a certificate in the form or to the effect in Schedule E, hereto, and it shall be lawful for such applicant to substitute the
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β¨ LLM interpretation of page content
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Regulations for the leasing of auriferous Crown lands in the Province of Nelson
(continued from previous page)
πΎ Primary Industries & ResourcesGoldmining, Lease regulations, Crown lands, Nelson, Warden, Survey, Application process
Nelson Provincial Gazette 1873, No 26