✨ Ongoing Mining Regulations Text




THE NEW ZEALAND GAZETTE. 627

maintained on some conspicuous part of such site for
the space of fourteen clear days, at the expiration
whereof, if no valid objection exist, the Warden may
grant a license to the applicant for such site.

Machine Sites.
47. Application for machine sites shall be made in
the same form as applications for business and resi-
dence sites, but notice of any such application, and
of the intention of the Warden to grant the same,
shall be twice advertised in some local newspaper at
the cost of the applicant, and a plan of the proposed
site shall be furnished with such application.

Amalgamation of Residence Sites.
48. In cases where two or more adjoining residence
sites are held by members of one family, they may
amalgamate their allotments, if such amalgamation
be approved by the Warden, but for so long only as
they may continue to hold such allotments as mem-
bers of one family.

Maintenance of Pegs.
49. Occupants of machine, business, or residence
sites shall place and maintain at each corner of such
machine, business, or residence site a peg not less
than three inches square, and standing at least two
feet above the surface of the ground.

Land may be set apart for Business Sites.
50. The Warden may, whenever it shall be neces-
sary for the public convenience, set apart land to be
occupied for business purposes, and may direct a
competent surveyor to divide such land by streets
and roadways in the most convenient manner; and no
person shall occupy any part of any land so set apart
except under a business site license.

How Land to be dealt with after Forfeiture.
51. On a decision by the Warden's Court at the
suit of the Inspector, giving him possession of any
machine, business, or residence site, it shall be lawful
for the Warden to direct that the land shall then be
open for occupation, or to deal with the same in the
manner provided in sections one hundred and nine to
one hundred and eleven of the Act.

PART IV.
Timber, Roads, and Tramways.

Permission to cut Timber.
52. Any person desiring to cut timber for sale
shall make application to the Warden for permission
in the form hereto appended, marked Schedule T,
and a copy of such application shall be posted for
seven days in at least two conspicuous places on the
ground, and also one copy outside the Warden's
Office. If no valid objection be made, the Warden
may grant a certificate, in the form hereto appended,
marked Schedule V, on payment of a fee of not less
than five pounds sterling, which shall be in force for
twelve months from the date thereof, and shall entitle
the holder, subject to such conditions as the Warden
may think fit to impose, to cut any timber (except
kauri or reserved trees) within the block of land for
which the certificate is issued: Provided that every
person holding any such certificate, and every person
employed by him to cut timber, shall be the holder
of a miner's right.

Rights of Owner of Claim.
53. The owner of any claim shall be entitled to cut
and use for mining purposes all timber (other than
kauri) growing upon the said claim, and shall be en-
titled to cut for his own mining purposes any timber
(other than kauri) growing on unoccupied ground.

Kauri Timber to be paid for.
54. Any person requiring kauri timber must apply
to the Warden, who may give permission to cut the
same on payment to the Receiver of Revenue of the
sum of one pound five shillings sterling for each tree
required.

Timber not to be felled so as to cause an obstruction.
55. If any person shall fell any tree or timber,

either intentionally or by undermining or other
means, he shall remove it beyond the reach of floods,
so that it may not be drifted down any stream. If
any person shall fell any tree or timber on to any
adjoining claim, or on to any public or private road,
so as to cause or be likely to cause an obstruction, he
shall immediately remove the same.

Roads and Tramways.
Formation of Private Roads, Tramways, &c.
56. When any person is desirous of forming a road,
tramway, bridge, or crossing-place, over or across any
gully, creek, reef, claim, or race, a notice to that effect,
in the form hereunto appended, marked Schedule W,
shall be posted on the ground (in the case of a road
or tramway, at the commencement and termination
of such road or tramway), and outside the Warden's
Office, for seven days, after which period the Warden
shall determine whether such road, tramway, bridge,
or crossing-place is necessary, and if he shall agree
to its formation, he may prescribe such conditions as
he may think fit, and he shall then fix, or cause to be
fixed, the exact line or position thereof: Provided
that no such road, tramway, or crossing-place shall
be made over or through any claim unless compensa-
tion for damage or loss shall be immediately paid or
tendered to the owner thereof. In the event of the
parties concerned not agreeing as to the amount of
such compensation, the same shall be ascertained and
determined in the manner prescribed for fixing the
value of improvements by section sixty-five of the
Act. A sketch plan, showing the position of such
road, tramway, bridge, or crossing-place, shall be
lodged with the application, but the Warden may
require a proper survey and plan to be furnished
before granting such application. The Warden's
certificate shall be in the form hereto appended,
marked Schedule A 1.

Main Roads.
57. The Warden shall cause main or trunk lines of
public roads to be laid out wheresoever the same
shall appear to him to be necessary, and no person
shall resist the formation of the same Provided that
if any damage is done to any occupied claim, water-
race, or other working, compensation shall be granted
to the holder thereof. The amount of such compen-
sation shall be ascertained in the manner provided in
section sixty-five of the Act.

Width of Private Roads.
58. The owner of any claim may, subject to the
provisions of Rule number 37, occupy a breadth of
eighteen feet of ground for any necessary roadway;
but if he shall mark out a greater breadth of ground
than shall be necessary for the purpose of a roadway,
it shall be lawful for the Warden to order the said
roadway to be reduced.

Changing position of a Road to enable ground to be worked.
59. If any person desire to change the direction of
any road, he shall post and maintain for a period of
seven days a notice of his intention in a conspicuous
place on such road, and shall also post a copy of
such notice outside the Warden's Office for the same
period. At the expiration thereof the Warden shall
make such order as shall appear to him to be neces-
sary in the matter.

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

PART V.
Registration, Miscellaneous Regulations, and Schedule
of Fees.

Registration.
61. There shall be established registers of all



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1875, No 54





✨ LLM interpretation of page content

🌾 Continuation of regulations concerning site licenses, machine sites, timber rights, roads, and registration procedures. (continued from previous page)

🌾 Primary Industries & Resources
Mining regulations, machine sites, residence sites, timber cutting, roads, tramways, registration, Warden's Court