May 16.] THE NEW ZEALAND GAZETTE. 633

tunnel shall keep the same in repair, and shall make an efficient bridge or crossing, or in the case of tunnels shall maintain proper supports, where any road which has been in ordinary use prior to the construction of such race, drain, or tunnel crosses such race, drain, or tunnel, upon being required to do so by the Warden.

102. Occupation of Land at Sides of Head- and Tail-races.—The Warden shall have power to authorize the holder of any head-race, tail-race, or ground-sluice to occupy such additional area on either or both sides of such race, either throughout the entire length of such race or over any and such portions as he may deem necessary, for the preservation thereof in a proper state of efficiency.

103. Alteration of Races.—The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race, and the owner thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race: Provided that such alteration or extension shall first be approved of by the Warden, who may require the said owner to give such notice as to the Warden may appear necessary.

104. Construction of Crossings, &c.—Any licensee of a water-race cutting the same across roads or thoroughfares shall construct and keep in repair good substantial and suitable crossings over the said race not less than 12ft. in width; and shall also construct suitable approaches not less than 10ft. in length to and on each side of said crossings. And any person or persons opening up new roads or thoroughfares across any race shall construct and keep in repair suitable approaches as aforesaid thereto: Provided that such last-mentioned roads, thoroughfares, and crossings shall not interfere with the security of the race.

105. Original Line of Race may be altered.—If by reason of any natural impediment it shall be impracticable, or attended with unforeseen difficulty or expense, to cut or construct a race according to the line originally designed therefor, it shall be lawful for the licensee of such race, having first obtained the permission in writing of the Warden; to deviate in the cutting of such race so far from such originally-designed line as shall be necessary to avoid the effects of such impediment, provided that no prior right be affected thereby.

DAMS AND RESERVOIRS.

106. Warden may grant Dams or Reservoirs.—It shall be lawful for the Warden, on application, to grant permission for the construction of dams and the formation of reservoirs for the storage of water for mining purposes; and any person desiring to construct any such dam or form any such reservoir shall mark out the proposed line of the same, the ground required on the outside of the said dam or reservoir, and the area intended to be occupied as dam or reservoir, by pegs, or cairns of stones, and trenches, as provided for the marking of claims, and shall state the length and width of such area in the application in the form prescribed in Schedule 22 hereto, and copies of such application shall be posted and maintained by the applicant at each end of the proposed site of the dam.

107. Construction of Dams.—In the case of any dam or reservoir hereafter to be constructed, the Warden may, at his own discretion, or at the request of any claim-holder or person residing in the neighbourhood of the proposed site of such dam or reservoir, or on or near to the proposed course of the overflow of water therefrom, cause a surveyor or engineer to prepare a specification, setting forth the proper mode of construction and the necessary strength and thickness of the embankment of such dam, and the width of the by-wash thereof; and the Warden may thereupon make such orders therein from time to time as shall be necessary, and may direct by whom the expense of such specification shall be borne.

108. The Warden may on the application of the owner of any dam or reservoir grant protection for an area surrounding such dam or reservoir, and fix the distance from such dam or reservoir within which mining may be carried on.

109. Inspection of Dams or Reservoirs.—The Warden may at any time direct a surveyor or engineer to inspect any dam or reservoir that heretofore has been or hereafter may be constructed, and to report upon the strength, security, and fitness thereof, and of any works connected therewith; and such Warden may thereupon make any such order therein as may be necessary for the security of such dam or reservoir, and may direct by whom the expenses of such survey shall be borne.

110. Certificate may be cancelled.—If the owner of any dam or reservoir shall refuse or neglect to comply with any such order as aforesaid, the right to such dam or reservoir may be forfeited, and the certificate cancelled, and the embankment thereof be removed, or such other order made therein as may be requisite.

PART VII.—DIVERSION OF PERMANENT STREAMS.

111. Notice of Diversion to be given.—Any person desirous of diverting the course of a permanent stream for the purpose of working the bed thereof shall apply to the Warden in the form prescribed by Schedule 23 hereto.

112. Wall to be allowed.—Any person diverting