1648
THE NEW ZEALAND GAZETTE.
[No. 66

purposes of cleansing and repairing such races: Provided that the lessee or occupier shall be entitled to compensation from the person constructing any such race, and that for the purposes of the construction of such races, and the setting of the amount of such compensation, such lands shall be held to be private lands within the meaning of “The Mining Act, 1886.”

70. Area withdrawn to be deducted.—When any land held under certificate or lease shall have been withdrawn for any of the before-mentioned purposes, the area so withdrawn shall be deducted from the acreage originally granted, and the rent thereafter payable under such certificate or lease shall be reduced in the same proportion as the deduction bears to the entire acreage.

71. Conditions of Entry to search for Gold.—The right of free entry upon any land held under certificate or lease as aforesaid, for the purpose of searching for gold or for any other metal or mineral, or for taking roads, is reserved to the Governor, and to such persons as shall be authorized so to do in writing under the hand of the Governor, subject to such conditions as the Governor for the time being may appoint; and every certificate or lease shall be subject to a condition that such certificate or lease may be determined when any gold or other metal or mineral shall be discovered on the land.

72. Application to enter to search for Gold.—Any holder of a miner’s right desiring to enter, for the purpose of searching for gold, upon any land held under certificate or agricultural lease, shall apply to the Warden in the form in Schedule 16 hereto, and shall serve upon the occupant or lessee of the land a duplicate copy of such notice.

73. Application to be heard.—On the receipt of any such application to enter to search for gold, the Warden shall appoint a day and place for hearing the same, and on the day appointed shall proceed to hear the application and any objection thereto that may be made by the lessee or occupier, or on his behalf, and shall report to the Governor, who may thereupon grant or refuse such application.

74. Deposit.—In every case in which permission shall be granted to any holder of a miner’s right to enter upon any such land for the purpose of searching for gold, he shall deposit with the Receiver of Gold Revenue for the district such sum of money as the Warden may consider sufficient as security for the due performance of any conditions of such permission; and it shall be lawful for the Warden, in case of failure to comply with such conditions, or any of them, to order payment of the whole or any part of such money to the lessee or occupier of the land, or to make such other order in relation to the same as to him shall seem just; and the decision of the Warden shall be final and conclusive as regards all parties concerned.

EXCEPTIONS TO AGRICULTURAL LEASES.

75. The exceptions next hereinafter appearing shall be made from all agricultural leases granted under “The Mining Act, 1886.” And the covenants, clauses, provisoes, conditions, and agreements next hereinafter appearing shall be applicable to all such leases, that is to say,—

(A.) Right of Ingress and Egress.—Her Majesty the Queen reserves to the Governor of New Zealand and his delegates, and to his and their officers and servants, the right of ingress, egress, and regress to, from, and across the land hereby demised and the mines thereon or thereunder, and of granting to any person or persons or to the public such right of ingress, egress, and regress, and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water-races or tail-races, flood-races, storm-channels, sludge-channels, tunnels, and tramways for mining purposes, and of 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 lessee or lessees, his or their heirs, executors, administrators, and assigns. When any Land Board has a frontage on any stream of water, the lessee shall have no claim or right of action against the Crown, or any other person whomsoever for damage caused by the fouling, pollution, or diversion of the waters of such stream by any tenants or licensees of the Crown or the Board, or of any public authority in the prosecution of gold-mining.

(B.) Rent in arrear, to distrain Machinery, Tools, &c.—If the rents, dues, or duties reserved in this lease 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 and may be lawful for the said lessor, or any person duly authorized in that behalf, to enter upon the premises hereby demised, and to distrain the machinery, tools, buildings, or other property of the said lessee or lessees for the time being in, under, or upon any part of the premises hereby demised, for or in respect of any such rent, dues, or duties which ought to have been paid to the lessor or any person duly authorized to receive the same.

(C.) On Breach of Covenants, Lessor to re-enter and determine Lease.—Provided lastly, and it is hereby declared and agreed by and between the said parties hereto, that in case the said lessee or lessees, his or their executors, administrators, or assigns, shall fail or neglect to perform and keep all and every of the covenants, conditions, or provisions and agreements hereinbefore contained and implied by virtue of “The Mining Act, 1886,” or of any regulations made under the authority of the said Act which are in force at the time of the execution hereof, it shall and may be lawful for the said lessor, or any person duly appointed in that behalf, forthwith or at any time or times thereafter to enter into and upon the land and premises hereby demised, and thereby determine this lease, and that without releasing the said lessee, his executors, administrators, or assigns, from his or their liability in respect of any rent then due, or for or in respect of any preceding breach of covenant.

OCCUPATION LICENSES.—SMALL AREAS.

76. (A.) Every person desirous of obtaining an occupation license to occupy for agricultural, horticultural, or dairy purposes any portion of the reserve set apart for mining purposes, or of any other Crown land within a mining district not exceeding fifty acres shall make applica.