Mining Regulations Text




amount of such compensation, the same shall be as-
certained and determined by the Warden: Provided
further that such road, bridge, or crossing-place shall
be of a breadth, where practicable, of not less than
fifteen (15) feet, and be so constructed that no injury
shall accrue to any head-race, tail-race, drain, creek,
or culvert passing under it.

Roads not to be Damaged by Undermining.
72. No person shall dig within the distance of five
(5) feet from the nearest wheel track of any road, or
drive underneath the same unless the drive shall be
more than twelve (12) feet beneath the surface of the
road, and shall be securely timbered, nor shall any
person interfere with such road.

Protection of Claims and Terms of Protection.
73. Permission to retain a claim unworked may be
granted by the Warden on the report of the Mining
Inspector, and the same shall be thereon protected for
such time as the Warden shall think fit, not exceed-
ing three months.

Any miner wishing to retain possession of quartz
or other auriferous substances may have the same
protected for a period not exceeding six (6) months,
provided that such substance is properly stacked
on ground not supposed to be adapted to mining
purposes, and that a board, with the owner's name,
address, and date of stacking, legibly written or
painted thereon, be posted close to such a stack.

Protection void if False Representation made.
74. Any protection obtained by false representation
shall be void, and no person shall be allowed to take
up, occupy, or work any other claim during the period
of protection of any claim held by him.

Notice of Protection to be Posted on Claim.
75. All protected claims, shares, rights, or privileges
must be marked by a board, not less than nine (9)
inches square, on a conspicuous part of the claim, with
the word "Protected" and the number of the pro-
tection certificate legibly painted or marked thereon.

Nuisances.
76. Nuisances in or about residences or places of
business on the gold fields may be reported upon to
the Warden by plaint in any Warden's Court; and
in all cases the Warden shall be the proper judge as
to whether a nuisance has been committed or not,
and he may at his own discretion inflict a fine or
make such order as he shall think fit for the cleansing
and keeping clean the matter referred to in the
plaint.

Reservation of Water.
77. The Warden may, by notice in the Provincial
Government Gazette
, set apart any spring, stream, or
other depository of water for domestic purposes, and
no person shall thereafter defile such water, or do any
act whatsoever by means of which such water may be
defiled or rendered unfit for domestic purposes.

Registration.
78. There shall be established Registers of all rights
titles and interests held under the Act, and of all
assignments and transfers thereof, and of all encum-
brances and liens thereon and discharges thereof.

  1. Every owner or part owner of a claim not
    being a licensed holding, shall, within one month of
    his becoming possessed thereof, either originally or by
    transfer, cause his interest in the same to be regis-
    tered in a book kept for that purpose by the Mining
    Registrar of the portion of the district within which
    such claim is situate, and no transfer of any right or
    interest in any such claim shall have any legal validity
    until it shall be so registered.

THE NEW ZEALAND GAZETTE. 123

  1. Every license of a claim, water-right, machine,
    business, or residence site, under the Act, shall, before
    issue, be registered in a book or books to be kept
    by the Mining Registrar for that purpose; and no
    transfer of assignment thereof shall have any force
    or effect until such transfer or assignment shall have
    been registered.

The owner of any claim shall, within seven (7)
days after abandonment or relinquishment of the
same, give notice in writing thereof to the Mining
Registrar.

  1. A certificate of the contents of such Registers,
    purporting to be signed by the Mining Registrar,
    shall be primâ facie evidence of such contents without
    production of the Registers or proof of the Registrar's
    signature.

  2. Whenever any claim or license, or any right or
    interest therein, shall be exchanged, surrendered,
    abandoned, or be the subject of any judgment, the
    Warden shall direct the Mining Registrar to make,
    and he shall make, a corresponding entry in the
    proper register in respect thereof.

  3. A memorial of any incumbrance or lien upon
    any claim or licensed holding, or any share or interest
    therein, in the form in the Schedule hereto annexed,
    may be registered against such claim or licensed
    holding, an attested copy of the instrument creating
    such incumbrance being at the same time deposited
    with the Registrar; and any transfer or assignment
    of such claim, licensed holding, or share or interest
    therein, shall be subject to such incumbrance or lien
    until a discharge thereof, in the form in the Schedules
    hereto, shall have been duly registered.

  4. It shall be lawful for the Mining Registrar,
    upon the certificate of the Mining Inspector that any
    claim has been forfeited, or upon the written surrender
    by the registered owner of any claim or of any interest
    therein, of his claim or interest, to make a correspond-
    ing entry in such Register, and close the Register
    against all future entries in respect of such claim or
    interest.

  5. Any person requiring information in respect of
    any claim, or of any interest therein, may obtain the
    same or a certificate thereof from the Mining Regis-
    trar on payment of the respective fees mentioned in
    the Schedule hereto.

  6. There shall be kept in the Registry Office a
    book, to be called the Address Book, in which shall be
    entered at the time of registration of any claim, or
    any share or interest therein, the address of the
    owner of such claim, share, or interest, if resident
    within the mining district, and if not, of some agent
    residing therein; and all notices required to be given
    to such owner shall be deemed to be duly given by
    being delivered at or posted to such address; and if
    no such address be so entered, the posting of any
    notice on the claim shall be deemed to be good service
    thereof.

Lost Documents.
87. Upon being satisfied of the loss or destruction
of any miner's right, license, or other document
herein referred to, the proper officer may issue a
duplicate thereof so marked on payment of a fee of
2s. 6d., which shall have equal validity with the
original document.

Lien for Wages.
88. Any hired servant upon any claim shall have a
lien over such claim for the wages due to him.

Depasturing Cattle.
89. No person shall depasture any cattle on Crown
lands within the mining district unless he be the
holder of a miner's right or business license, and



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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 (Sections 72-89) (continued from previous page)

🌾 Primary Industries & Resources
22 January 1872
Road damage, Claim protection, Registration, Nuisances, Water rights, Liens, Mining Registrar