✨ Mining Regulations Text




120
THE NEW ZEALAND GAZETTE.
upper or entrance end of such box may be left
entirely open, but the lower end, or end of
exit, shall be fitted with a bar, two (2) inches
high, affixed to the floor of the box, and with
a pressure or head board, six (6) inches deep,
affixed to the top of the box, leaving an aper-
ture of two (2) inches in depth and of the
full width of the box.

(b.) If more than one sluice-head of water requires
to be gauged, the gauge-box should be enlarged
horizontally to insure accurate measurement;
but when this cannot be done owing to natural
obstacles or other sufficient reasons, the gauge-
box may be enlarged perpendicularly, in which
case the depth of the pressure or head board
shall be reduced at the rate of one inch for
every additional head of water that is perpen-
dicularly measured.

(c.) The gauge-box shall at all times be placed on
a level. When water is taken from one source
only, the supply shall be gauged at the head
of the race, or the source of supply; but if
the race is fed or supplied, in any part, by any
side stream or streams, the gauge-box shall be
placed immediately below such side stream or
the last of such side streams.

(d.) The velocity of water above the gauge-box
shall, if required, be lessened by the construc-
tion of a dam bank, or by levelling the race for a
distance of thirty (30) feet, and such velocity
shall not exceed an average of one (1) foot per
second in the said thirty (30) feet, to be
gauged by a float.

Supply of Water may be Reduced.
25. When the supply of water from any creek or
stream shall be insufficient for the use of all the
holders of water-rights thereon, it shall be lawful for
the Warden, upon adequate cause being shown, to
reduce the quantity, in due and equal proportion,
which the said holders shall be entitled to draw there-
from, and to regulate the time and mode in which
such water may be used.

Number of Sluice-heads allowed.
26. The number of sluice-heads allowed for any such
race as aforesaid shall be determined by the Warden
according to the circumstances of each case and locality,
but not more than five sluice-heads shall be allowed
in any case; and 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.

Water not to be Wasted.
27. Holders of rights shall not allow any water to
run to waste; but such water shall be appropriated to
the use of the next holder of a right, according to the
date of their respective registrations.

Transfer or Assignment.
28. 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, and a
memorandum thereof made upon the back of the
original certificate.

Construction of Crossings, &c.
29. Any holder of a miner's right cutting a race
across roads or thoroughfares, shall construct and
keep in repair good substantial and suitable crossings
over the said race, not less than twelve (12) feet in
width, and shall also construct suitable approaches,
not less than ten (10) feet in length, to and on each side
of said crossings; and any person or persons opening
up new roads or thoroughfares across any race shall

construct and keep in repair suitable approaches as
aforesaid thereto: Provided that such last-mentioned
roads, thoroughfares, and crossings shall not interfere
with the security of the race.

Working Ground occupied for Races.
30. 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.
31. 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.

Obstructions to Watercourses.
32. No person shall deposit any earth, stones, tail-
ings, or other substance in or so that it may be wasted
into the bed of any watercourse so as to obstruct the
flow of the water therein.

Construction of Tail-races.
33. Before any person shall construct a tail-race he
shall first proceed by notice in the same manner as is
directed in section 28 of the Act, and if, at the expira-
tion of seven clear days from the last service or
advertisement, no objection shall have been lodged at
the Warden's Office, the Warden may issue a certi-
ficate authorizing the construction of such tail-race;
but if any objection be lodged, the Warden shall
appoint a day for hearing the applicant and the
objector, and the Warden shall thereafter issue or
withhold a certificate according to the equity of the
case.

Use of Tail-races.
34. Any person wishing to use a tail-race may do
so on condition of first paying the owner of such tail-
race a proportionate share of the expense of construc-
tion, and of any enlargement that may be rendered
necessary by such use: Provided that the person so
using any tail-race shall bear an equal share in any
labour or expense incurred in clearing the same, or
such portion thereof as may be so used, whenever it
shall be necessary to do so.

Flood-races.
35. 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.

Races may be carried through Claims.
36. Upon application being made to the Warden, it
shall be competent for him to authorize the applicant
to pass a head-race or tail-race over, under, or through
any claim or right: Provided that compensation
shall be allowed for estimated damage (if any), and,
prior to commencing 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.

DAMS, &C.

Notice of intended Erection or Construction.
37. Any miner intending to form a dam, or to erect
a puddling machine, shall give notice thereof in
writing to the Warden, and to the two (2) parties
working or occupying claims nearest to the proposed
site, who shall sign such notice, expressing their assent
thereto or dissent therefrom.

Notices to be Posted.
38. A copy of the application or notice required by
the previous section shall be posted for seven (7) days
on the proposed site, and outside the Warden's Office;



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1872, No 10





✨ LLM interpretation of page content

🌾 Continuation of Rules for Hauraki Gold Mining District regarding water measurement and use (continued from previous page)

🌾 Primary Industries & Resources
22 January 1872
Water rights, Gauge-box specifications, Sluice-heads, Race construction, Tail-races, Dams, Warden authority