Mining Regulations




Dec. 22.] THE NEW ZEALAND GAZETTE. 1645

  1. Objections.—Any person objecting to the issue of such license to any applicant shall, within twenty-one clear days after the date of the notice to be posted on the land by the surveyor as aforesaid, lodge with the Warden, and also forward to the applicant, at the address stated in such notice posted as aforesaid, full notice in writing of all objections intended by him to be taken against the issue of such license to the applicant.

  2. Every person so objecting shall, at the time of lodging the notice of his objections with the Warden, deposit with the Receiver of Gold Revenue for the district, or, if there be no such Receiver, with the Warden, the sum of £20, to be disposed of in such manner as the Warden shall direct, in satisfaction, so far as the same will extend, of all expenses to which the applicant shall, without sufficient reason, be put by reason of such objections, in case the same shall not be prosecuted or shall fail; and such Receiver shall give to the person paying the said sum a receipt therefor, in the form in Schedule 10 hereto; and in case there shall be no such expenses, or, if there shall be any, then subject to the payment thereof, the said sum shall be refunded to the person objecting.

  3. Inquiry into Applications and Objections.—After the expiration of twenty-one clear days allowed for objections, the Warden shall hear the application, and shall decide whether the applicant shall have a license granted to occupy the land applied for or not, and immediately after the hearing shall inform the Commissioner of Crown Lands for the district in which the said land is situate, whether the said application has been granted or refused.

  4. All costs and expenses incurred by or on behalf of or by direction of the Crown, by reason of the withdrawal of any application for a license, shall be considered expenses within the meaning of the clause hereof.

  5. The parcel of land granted under a mineral license shall be in the form of a parallelogram as nearly as practicable, and the same shall be described in the license by accurate boundary-lines.

  6. The term of the license in the land demised shall not exceed twenty-one years.

  7. The extent of the areas of licenses for all licenses under this Part of these regulations shall be (except in special cases hereinafter provided for) an area of not less than one acre or more than two hundred acres.

  8. Registration of Assignment.—Every sale or assignment of any licensed holding for mining purposes, or of any interest therein, shall be registered at the Warden’s office.

  9. Withdrawal of Application.—Any applicant for a licensed holding may withdraw his application by giving notice in writing to that effect to the Warden, and to each objector (if notice of objection has been given) upon payment of such expenses, if any, as the Warden shall direct; and, should any such application be so withdrawn before any expense of survey has been incurred, the applicant shall be entitled to receive back one-half of any money he may have paid as survey fees.

  10. Miscellaneous Provisions relating to Licenses.—Where gold or silver is associated with other minerals or metals in any land or premises comprised in any license under these regulations, if the applicant for any such license, or, in case any such license shall have been granted, if the licensee therein shall desire to mine for such gold or silver, or should the nature of his operations be such as to lead to the removal of gold or silver, he must, independent of the mineral license, make application for a license in accordance with the regulations relating to licensed holdings for gold and silver; and, if he shall proceed to mine for such gold or silver before he shall have obtained such last-mentioned licensed holding, the licensed holding obtained by him under these regulations shall be liable to be forfeited upon the order of the Warden.

  11. If the title to any ground applied for under these regulations shall be disputed by any person, each party may maintain their works and boundaries until the hearing of the application and of the objections thereto, and upon such hearing the Warden may decide the rights of the parties according to priority of occupation and the justice of the case as if a summons had been issued for a trespass or encroachment.

  12. Special Cases.—In cases where it shall be shown that a departure from the foregoing areas, rents, covenants, conditions, reservations, and exceptions would under special circumstances be desirable, the same may be altered by the Governor, subject to “The Mining Act, 1886.” and, subject to the said Act, such covenants, conditions, reservations, exceptions, and stipulations may be imposed and inserted in any license under these regulations, and such rents and royalties reserved as by the said Governor may be considered necessary.

  13. Mode of determining Amount of Compensation to be paid for Buildings or Improvements on Land occupied for Residence by Holder of a Miner’s Right or Business License.—If any person shall desire to obtain a mineral license of any land, or part thereof, occupied for the purpose of residence or business by the holder of a miner’s right or business license, or of land including land so occupied, or part thereof, he shall, at the time of causing the notice to be published in a newspaper as hereinbefore required, serve upon the person so occupying a copy of such notice, with a memorandum subjoined thereto stating that the land about to be applied for is, or is part of, or includes land occupied by the person so served, or part thereof, as the case may be, and specifying the amount of compensation which he will be willing and will undertake to pay in respect of any building or other improvements erected or made by such last-mentioned person, or any person under whom such person derives title, on such land or the part thereof which shall be required; and, in case the person so served shall not be satisfied with the amount so specified, he shall, in case he and the applicant cannot agree as to the amount of compensation, be entitled to take an objection to the granting of the said license on the ground that such amount is insufficient, and such objection shall be prosecuted in the manner hereinbefore prescribed for the prosecution of objections generally; and at the time and place fixed for the hearing of objections the Warden, if with the consent of both parties, shall proceed to inquire into



Next Page →



Online Sources for this page:

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, Objections, Warden, Application, Survey, Notices, Prior Occupancy, Public Purposes, Compensation, Hearings