Mining Regulations




Dec.22.] THE NEW ZEALAND GAZETTE. 1663

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  1. 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.

  2. 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.

  3. 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.

  1. 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.

  1. 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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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1886, No 66





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🌾 Mining Regulations: Conditions and Provisions (continued from previous page)

🌾 Primary Industries & Resources
Mining, Regulations, Transfer, Assignment, Registration, Abandonment, Forfeiture, Encumbrance, Notice, Timber, Inspection, Underground Manager