✨ Mining Regulations Amendment




1390
THE NEW ZEALAND GAZETTE.

thousand eight hundred and seventy-eight, should
be amended:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, Governor of the Colony of
New Zealand, do hereby order that the rules and
regulations referred to above shall be altered, amended,
and added to as hereinafter mentioned that is to say,
Regulation one to the Appendix D of the said Act,
and Schedules A and E thereto, are hereby revoked,
and the following substituted in lieu thereof:-

WATER RIGHTS AND RACES.

  1. Any person intending to divert and use water
    for mining purposes by means of any water-race to
    be constructed upon Crown lands, under the
    authority of the regulations contained in Appendix
    D to the said Act, shall give notice thereof in writing
    to the Warden of the gold field district in which
    such water-race is intended to be constructed, and to
    any person whose interests may be affected by the
    diversion of such water, as well as to any person
    having any estate or interest in or being the occupier
    of any land through which it is proposed to carry
    such water-race; and such notice shall be in the
    form (A) in the Schedule hereto, or to the like effect;
    and copies of such notice shall be posted and main-
    tained for fourteen clear days at the source or sources
    whence it is proposed to obtain water, except in the
    case of the supply of water being intended to be
    obtained by collection from any "drainage area,"
    in which case it shall be sufficient that the notice
    shall be posted upon some conspicuous part of such
    drainage area, and at the proposed termination of
    such water-race; and the intended course thereof
    shall be indicated by pegs not less than two inches
    in diameter, or by large stones, marked ^, and
    placed not more than two hundred yards apart; and
    such notices shall state the mean breadth and depth
    of the proposed water-race, and the quantity of
    water it is proposed to divert, and shall also state
    the time required for the construction and completion
    of such race: And if no valid objection be entered
    against the construction of such water-race within
    fourteen clear days from the delivery of such
    notice, a license in the form of Schedule E to
    these regulations may be granted by the Warden
    to the applicant, subject to the provisions and
    conditions herein contained, for a term of one year,
    with right of renewal; and there shall be payable to
    the Receiver of Gold Revenue in advance in respect
    of such license the sum of two shillings and sixpence,
    and a like fee upon renewal; the first payment to be
    made on the day on which the license shall be granted,
    and every subsequent payment within sixty days
    from the date of the expiry of the license or renewed
    license, as the case may be: Provided always that
    this regulation shall not apply to the construction of
    water-races through, over, or upon private lands.

No license to cut, construct, or use a water-race
through, over, or upon private land shall be issued
except in the manner and subject to the terms and
conditions prescribed by the said Act.

Regulation thirty-one, made by the Governor on the
tenth day of January, one thousand eight hundred
and seventy-eight, is hereby amended as follows:

The words "and upon every water license issued"
shall be omitted from the said regulation, and the
said regulation shall be read and construed accord-
ingly.

And the following additional regulation, numbered
seventy-six A, which shall be construed as following
number seventy-six of Part XIV. of Regulations
made by the Governor on the tenth day of January,
one thousand eight hundred and seventy-eight, is
hereby made:-

Notice to be given to Local Bodies for taking Water-
race across a Road or Street.

76A. Before any license to construct a water-race
over any street or road is granted, notice in writing
shall be given to the local body or person having the
control of such street or road.

SCHEDULE A..
(Clause 1.)
WATER-RACE.
[District and date.]

To the Warden at
hereby give notice that
intend to construct a.
water-race to divert and use water for mining purposes, com-
mencing at a point [
], and terminating [

].
The length of such race is [
], or thereabouts, and its
intended course is [

].
The mean depth and breadth of such race is [
]
and it is proposed to divert [

] Government-heads of
water.

[Name in full of applicant, with number
and date of miner's right.]

Any person objecting to the granting of this application must
lodge his objection in writing at the Warden's office at
, on
fourteen clear days from the date hereof. Hearing at

  • Here describe precise localities, naming source, &c.

SCHEDULE E.
(Clause 1.)
LICENSE TO CONSTRUCT AND USE A WATER-RACE.
No.
District of
, 18
[Here insert names] having applied, in accordance with the
Gold-mining Regulations, for leave to construct a water-race
in length, commencing [
], and terminating
[
], and the conditions of the regulations made under
"The Mines Act, 1877," having been complied with, and a fee
of two shillings and sixpence having been paid to the Receiver
of Gold Revenue, I hereby grant to the said person a license to
construct and use the said water-race in accordance with
application, and to divert and carry therein
ment heads of water.
Govern-

This license to be in force for one year from the date hereof,
with right of renewal, in accordance with the regulations.

  • Here describe precise localities.
    Warden.

As witness the hand of His Excellency the
Governor, this fourteenth day of October,
one thousand eight hundred and seventy-
eight.

ROBERT STOUT.

By Authority: GEORGE DIDSBURY, Government Printer, Wellington.




Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 98





✨ LLM interpretation of page content

🌾 Amendment of Water Rights Regulations under The Mines Act, 1877 (continued from previous page)

🌾 Primary Industries & Resources
14 October 1878
Mines Act 1877, Water rights, Regulations, Mining purposes, Crown lands, License fees, Schedule A, Schedule E
  • George Augustus Constantine, Marquis of Normanby, Governor of the Colony of New Zealand
  • Robert Stout