Mining Regulations




Dec. 22.] THE NEW ZEALAND GAZETTE. 1643

sludge-channels, tramways, or flood-races over, under, or through the said land, provided that the mining operations of the licensee or special claim-holder are not injuriously affected thereby: Also, leading head-water or tail-water through the same: Provided always that all such operations shall be sanctioned by the Warden, and due compensation given to the said licensee or licensees, special claimholder or holders, his or their heirs, executors, administrators, and assigns for any injury or damage sustained thereby.

(B.) Rent in Arrear, to distrain Machinery, Tools, &c.—Provided also that if the rents, payments, dues, or duties reserved in or payable under this license or special claim grant, shall be in arrear and unpaid for the space of twenty-one days next after any of the days hereinbefore fixed for payment thereof, it shall be lawful for the said licensor, grantor, or any person duly authorized in that behalf, to enter upon the premises hereby held as a licensed holding or special claim, and to distrain the machinery, tools, buildings, or other property of the said licensee or special claimholder, for the time being in, under, or upon any part of the premises hereby held as a licensed holding or special claim, for or in respect of any such rent, dues, or duties which ought to have been paid to the licensor or any person duly authorized to receive the same, and should such default continue for the space of sixty days, then to determine the interest of the licensee, or special claimholder in the premises so held as aforesaid, and that without releasing such licensee or special claimholder, his executors, administrators, or assigns, from his or their liability in respect of any rent, payments, or duties then due.

(c.) Plan or Section of Mine.—Provided also that they, the said licensee or licensees, special claimholder or special claimholders, his or their executors, administrators, or assigns, will and shall at all times during the continuance of his or their license or special claim grant if required so to do by the said licensor grantor or any person duly authorized in that behalf, prepare and keep a proper plan or section of all the workings, and actual condition, of the mines and premises hereby held under license or special claim.

(d.) Number of Men to be Employed.—Provided also that he or they, the said licensee or licensees, special claimholder or holders, his or their executors, administrators, or assigns, will and shall at all times during the continuance of the license or special claim grant, employ in or about the mines and premises hereby held as a licensed holding or special claim, a number of men being in the proportion of not less than one man to every full area of two acres of the lands hereby held.

(e.) To furnish Returns, &c.—Provided also that he or they, the said licensee or licensees, special claimholder or holders, his or their executors, administrators, or assigns, shall and will at all times during the continuance of the licensed holding or special claim, furnish true and accurate half-yearly returns in the form in Schedule 3 hereto, to the Warden or other officer duly authorized in that behalf, of the average number of men on or about the mines and premises hereby held as a licensed holding or special claim, and shall from time to time,

whenever so required by the Warden, Surveyor, Inspector, or such other duly-authorized officer, up to the period when the full sum hereby agreed to be expended in or about the said mines and premises shall have been so expended, furnish a true and accurate account, certified as aforesaid, of the amount at such date expended as aforesaid.

  1. Licenses.—All licenses under this Part of these regulations shall be designated “mineral licenses,” and shall apply to all lands which contain ironstone, tin, copper, lead, antimony, zinc, arsenic, mercury, platinum, and other metals and minerals, and also all lands which contain the ores of these and other metals not previously enumerated (except gold and silver).

  2. Any such license which shall be granted and shall contain such covenants, conditions, reservations, and exceptions, as the Warden in each case shall approve, having regard to the special cases herein provided for.

  3. In any case in which an application shall have been made in pursuance of these regulations for a license to occupy land, in any part of which any person other than the applicant or applicants may be entitled under any license to cut, construct, or use any race or dam, or to enjoy any other easement for mining or other purposes, the Warden may, if he shall think fit, authorize the issue of a license of such land, subject to all existing rights in, to, or to the use of such race, dam, or other easement, and impose such terms as the said Warden may think fit, in order to secure the enjoyment of the same, or to secure compensation for any injury or inconvenience likely to arise to such person by reason of the issue of such license: Provided always that the Warden may, if he shall think fit, authorize the construction in or upon any land comprised in any license under these regulations of any race, dam, tunnel, or shaft, road, canal, railway, tramway, or other works which may be required for mining purposes, or for public convenience.

PART II.—MINERAL LICENSES.

  1. Requirements preliminary to the Issue of a Mineral License.—Every parcel of land applied for as a licensed holding for metals or minerals other than gold or silver shall be marked at each corner by a peg not less than 3in. in diameter, or cairn of stones not less than 2ft. high, and by trenches, not less than 6in. in depth by 10in. in width and 5ft. in length, extending on either side of every such peg or cairn, in the direction of the boundaries of the land: Provided that, when any corner cannot be marked on account of the nature of the ground, the peg, trench, or mark may be placed at the nearest practicable point. Upon each peg there shall be affixed a plate composed of wood, or of iron, tin, zinc, or other suitable metal, with the words, “Applied for mineral license,” together with the name and address of the applicant, or, if more than one, of each applicant, and the extent of the area to be applied for, or thereabouts, legibly marked thereon; and such pegs shall be maintained at the expense of such applicant or applicants until the applica-


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VUW Te Waharoa PDF NZ Gazette 1886, No 66





✨ LLM interpretation of page content

🌾 Regulations under The Mining Act, 1886 (continued from previous page)

🌾 Primary Industries & Resources
17 December 1886
Mining, Licenses, Regulations, Compensation, Warden, Rent, Machinery, Returns, Men, Minerals