β¨ Continuation of Mining Regulations
be made by the District Surveyor or other surveyor
to be approved by the Warden at the expense of the
person demanding it, and in case the Warden shall
order survey, it shall be competent for him to direct
at whose expense it shall be made.
XIX. GENERAL REGULATIONS.
Interference Prohibited.
108. No person shall under any pretence whatever
damage, destroy, or otherwise interfere with any race,
tail-race, dam, sludge channel, or drain, machine, or
other appliance connected therewith, nor with any
claim or area, unless the sanction of the owners
thereof or the authority of the Warden shall first
have been obtained for such interference.
Depositing Earth or Tailings on Claims.
109. No person shall deposit or cause to be de-
posited upon any claim or area other than his own,
any earth, stones, gravel, tailings, or any other sub-
stance: Provided that any person taking up a claim
or area where tailings are being discharged shall make
provision to carry such tailings through or by his
claim or area, in such manner as shall not impede
the discharge thereof.
Disposal of Tailings.
110. In all creeks or watercourses used for general
washing sites the following Regulations shall be
observed:-
(a.) No box shall be placed in the centre of a
creek so as to impede the natural flow of water.
(b.) All flood-gates shall be left open for one day
in each week, at the convenience of the majority
of the parties washing in the creek, for running off
tailings.
(c.) The Warden may order, if it be required, that
all parties assist in making and keeping clear a good
flood channel in the centre of the creek or other
convenient course, to be used by all parties for
running down tailings, and such channel shall be
properly secured.
Causing Claims to be Flooded.
111. No person shall back the water of any creek,
river, race, or watercourse upon any claim or area,
or otherwise cause any claim or area to be flooded
either wilfully or by neglect.
Obstructions to Watercourses.
112. No person shall deposit any earth, stones,
tailings, or other substance in the bed of any water-
course so as to obstruct the flow of water therein to
the injury of any person.
Interference with Pegs and Notices.
113. No person shall alter the position of any
trench, or remove any peg, cairn, or other mark from
any claim or area in the occupation of any other
person, nor deface, destroy, or remove any notice
posted in accordance with these Regulations, nor
interfere with any mark or boundary.
Working Ground Occupied for Races, &c.
114. Any person desirous of working the ground
which is occupied by any race or tunnel, or portion
of a race or tunnel, or which is occupied and held
under these Regulations for any dam, reservoir,
puddling machine, special site, residence area, site
for business purposes, tent ground, or other purposes,
shall apply in writing to the Warden, who may permit
such person to enter upon and work the said ground:
Provided that compensation shall first be paid to the
holder or occupier, and the amount of such com-
pensation may be settled by arbitration, or in the
case of a race or tunnel by first providing an equally
good race or tunnel for the use of the occupier, but it
shall be optional with the person working the ground
either to construct a new race or tunnel or to pay
the amount of compensation adjudged, and if he elect
to construct a new race or tunnel the same shall be
subject to the approval of the Warden or Warden
and Assessors in the event of dispute, or at the option
of either party to arbitration.
Discovery of Auriferous Deposits.
115. When any auriferous deposits are traced to
the boundaries of any land occupied for residence,
the Warden may upon satisfactory proof authorize
the applicant or any other person by writing under
his hand to enter thereupon, and, at such times and in
such manner as he may appoint, to search the land so
occupied for a continuation of the said auriferous
deposit.
Auriferous Areas may be Worked.
116. If any residence area or business area shall
he proved to be auriferous, the Warden may upon
application order the whole or such part as shall have
been proved to be auriferous to be given up for min-
ing purposes to such person as shall have applied for
the said ground.
Compensation to be Paid.
117. In all cases compensation for actual damage
or loss shall, if the parties cannot agree, be settled by
arbitration and paid to the occupier of any area by
the person desirous of mining thereon prior to his
taking possession thereof.
Conditions of Working.
118. Whenever any residence area or business area
shall be given up in whole or in part upon compensa-
tion or otherwise, the Warden may make such orders
relative to the mode of working the ground, the
restoration of the soil, and other conditions, as he may
deem necessary or desirable.
Resumption of Mining Privileges.
119. Every claim, right, or privilege held, taken, or
granted under these Regulations shall be subject to
the condition that it may be resumed by Her Majesty
the Queen.
Permission to enter Claims.
120. The Warden shall have power to authorize in
writing the entry of any surveyor, assessor, or any
other person into and upon any claim or area for the
purpose of measuring the depth of any shaft, or the
dip, direction, inclination, or length of any tunnel or
drive or for any other purpose.
Warden to be Judge of Objections.
121. The Warden shall in all cases be the sole
judge of the validity of objections to the granting of
any claim, right, or privilege, or to the issue of any
license or certificate of registration, and also of what
is a "reasonable time" for the performance of any
work when no fixed period is provided by these
Regulations.
Ownership of Trees upon Claims.
122. All trees situated upon any claim or area taken
up for mining purposes shall be the property of the
owners thereof during the time they are in legal
possession of the claim or area on which such trees
are situated.
Felling Trees across Roads or Claims.
123. Any person who may fell or cause to be felled
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β¨ LLM interpretation of page content
πΎ
Continuation of Mining Regulations regarding Interference, Tailings Disposal, and Claim Working (Sections 108-123)
(continued from previous page)
πΎ Primary Industries & Resources10 January 1878
Mining regulations, Warden authority, Tailings disposal, Watercourses, Claim boundaries, Compensation, Surveying
NZ Gazette 1878, No 5