✨ Mining Regulations
Dec.22.] THE NEW ZEALAND GAZETTE. 1663
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If on the presentation of any document
purporting to be a transfer or assignment of any
claim, license, or interest, it shall be found on
reference to the register that such claim, license, or
interest has been already transferred, it shall
nevertheless be the duty of the Mining Registrar
to receive the document so presented, and to re-
gister the same, provided that a notification of
the prior registration be indorsed on the memo-
randum given to the person presenting the docu-
ment. -
Every assignment which is hereby autho-
rized to be registered shall be registered in form
of Schedule 38 hereto or to the like effect within
fourteen days after execution, and if not registered
within such period shall, so far as regards any
claim or authorized holding to be effected thereby,
be void as against any person claiming under any
subsequent assignment duly registered. -
Every license of a water-right, machine,
business, special, or residence site, and every cer-
tificate for any authorized holding, claim, right,
or privilege under these rules and regulations,
shall, before delivery to the person entitled
thereto, be entered in a book or books to be kept
by the Mining Registrar for that purpose. Any
such license or certificate shall be renewed an-
nually. -
Abandonment.—The owner of any claim,
right, title, interest, or privilege, not being a
licensed holding, which shall have been previously
registered, shall, within seven days after abandon-
ment or relinquishment of the same, give notice
in writing thereof to the Mining Registrar, and
failing to give such notice shall be liable for any
cost incurred by any person bringing a suit in the
Warden's Court for the cancellation of the certi-
ficate or license for such claim, right, title, in-
terest, or privilege. -
Forfeiture and Surrender.—It shall be
lawful for the Mining Registrar, upon any claim,
or machine-, residence-, or business-site, or other
authorized holding being declared forfeited by the
Warden, or upon the written surrender by the
registered owner of any claim or other authorized
holding, or of any interest therein, of his claim,
holding, or interest, to make an entry in such
register of such forfeiture or surrender, which
shall be signed by the Warden, and the Mining
Registrar shall then close the register against all
future entries in respect of such claim, holding,
or interest. -
Encumbrances.—A memorial of any en-
cumbrance or lien upon any claim, right, title,
or interest, or any share or interest therein, in
the form in Schedule 39 hereto annexed, may be
registered against such claim, right, title, or
interest, an attested copy of the instrument
creating such encumbrance being at the same
time deposited with the Registrar; and any
transfer or assignment of such claim, right, title,
or interest, or share or interest therein, shall be
subject to such encumbrance or lien until a
discharge thereof, in the form in Schedule 40
hereto annexed, shall have been duly registered. -
Notices.—Every notice required to be given
to the owner of any claim, share, or interest
therein shall be deemed to be duly given, by being
either served personally, or if it be shown to the
Warden that personal service cannot be conve-
niently effected, then by posting such notice on
the claim or ground, or otherwise as the Warden
directs.
PART XXIX.—LICENSE TO CUT TIMBER.
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Permission to cut Timber.—Any person de-
siring to cut timber for sale shall make application
to the Warden for permission in the form in
Schedule 42 hereto, and a copy of such applica-
tion shall be posted for seven days outside the
Warden's Office. If no valid objection be made,
the Warden may grant a certificate, in the form
in Schedule 43 hereto, on payment of a fee
of not less than £3 sterling, which shall be in
force for twelve months from the date thereof,
and shall entitle the holder, subject to such con-
ditions as the Warden may think fit to impose, to
cut any timber (except kauri or reserved trees)
on any Crown land within a mining district:
Provided that every person holding any such
certificate, and every person employed by him to
cut timber, shall be the holder of a miner's right. -
Rights of Owner of Claim.—The owner of
any claim shall be entitled to cut and use for
mining purposes all timber (other than kauri)
growing upon the said claim, and shall be entitled
to cut for his own mining purposes any timber
(other than kauri) growing on unoccupied ground. -
Kauri Timber to be paid for.—Any person
requiring kauri timber must apply to the Warden,
who may give permission to cut the same on pay-
ment to the Receiver of Revenue of the sum of
£1 5s. sterling for each tree required.
PART XXX.—INSPECTION OF MACHINERY.
- The Inspector shall from time to time, or
when he may deem it necessary, inspect any mine
or mining-machinery; and may issue orders for
the safe working of such mine or machinery as
he may deem advisable, and the owner of such
mine or machinery shall see that such orders are
strictly complied with.
PART XXXI.—GRANTING CERTIFICATES OF UNDERGROUND MANAGERS.
UNDERGROUND MANAGER.
- The Governor shall appoint a Board of
Examiners, consisting of not less than three nor
more than five persons, three to form a quorum,
to examine, or cause to be examined applicants
for certificates of competency as underground
managers on the subjects hereinafter specified.
The said Board may appoint supervisors from
time to time to conduct such examinations, and
shall grant certificates in the form set forth in
Schedule 44 hereto annexed to such persons as
shall have passed the prescribed examination, and
shall have produced certificates of character which
shall be satisfactory to the Board.
Every application for a certificate of an under-
ground manager shall be made in writing under
the hand of the applicant to the Secretary of the
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Mining Regulations: Conditions and Provisions
(continued from previous page)
🌾 Primary Industries & ResourcesMining, Regulations, Transfer, Assignment, Registration, Abandonment, Forfeiture, Encumbrance, Notice, Timber, Inspection, Underground Manager
NZ Gazette 1886, No 66