Mining Regulations




May 16.] THE NEW ZEALAND GAZETTE. 641

sites from the operation of the above regulations
as he may deem are not absolutely required for
business purposes.

  1. Streets.—A space of 99ft. shall at all times
    be left for a road or street between the frontages
    of business sites, and no person shall on any pre-
    tence whatever encroach upon any such road or
    street.

  2. Occupancy of Sites.—To constitute suffi-
    cient occupation to hold a business site it shall
    be necessary either that the owner of a business
    license shall be actually residing thereon, or that
    such business or operations be carried on upon
    the site or in connection therewith as shall in the
    opinion of the Warden amount to bona fide bene-
    ficial occupation; and any site unoccupied for
    more than forty-eight hours, if it be not regis-
    tered and protected, shall be deemed to be for-
    feited unless sufficient reason, such as sickness or
    other good cause, be proved to the satisfaction of
    the Warden.

PART XXIII.—MACHINE SITES
AND SPECIAL SITES.

  1. Machine Sites and Special Sites may be
    granted.—It shall be lawful for the Warden, on
    application, to grant to holders of miners' rights
    or licensed holdings machine sites and special
    sites not exceeding five acres in extent, for the
    erecting of machinery, or for stacking or de-
    positing auriferous earth or quartz tailings, head-
    ings, or other substances, or as washing sites or
    for other special purposes.

  2. Marking and Application.—Any person
    desiring to obtain a machine or special site shall
    mark out the same as a claim and apply to the
    Warden in the form of Schedule 30 to these
    regulations, or to the like effect.

  3. Restriction of Site.—Machine sites and
    special sites shall not, except under extraordinary
    circumstances, be granted for any land which is
    known to be auriferous or argentiferous, unless the
    same has been worked out and abandoned, nor for
    land which is in the line or direction of any work-
    ings, or which is or may probably be required for
    business purposes.

  4. Special Sites may be resumed by Warden.
    —Every special site shall be held on the express
    condition that it may at any time be resumed,
    and the grant cancelled by the Warden.

PART XXIV.—ROADS AND TRAM-
WAYS.

  1. Right of Roadway.—Every person holding
    a claim or otherwise occupying land under these
    regulations shall be entitled to a right-of-way
    whereby he may at all times obtain free ingress
    and egress thereto and therefrom. Every such
    person who shall construct a road or track over
    Crown lands to his claim or land shall be entitled
    to the free use of same until the ground is abso-
    lutely required for mining or public purposes;
    and any person may use the said road or track on
    paying a fair share of the expense of mainten-
    ance.

  2. Sludge and Water to be kept off Roads.—
    No person shall allow any sludge or water to run
    or spread over any road, roadway, track, tram-
    way, or crossing-place.

  3. Roadway along Banks of Rivers, &c.—A
    width of two chains for the purposes of public
    roads and wharves shall, when necessary, be
    reserved by the Warden from occupation along
    the banks of all rivers, lakes, and other waters
    navigable for boats: Provided that it shall be in
    the power of the Warden to allow mining thereon,
    subject to such conditions as he may deem neces-
    sary.

  4. Protection to Roadways, &c.—No person
    shall dig within a distance of 20ft. from any
    street or main road, or 5ft. from any other road-
    way, tramway, or track in common use, nor drive
    underneath or in any way interfere with such
    street, main road, roadway, track, or tramway,
    without first obtaining the authority of the person
    or body charged with the care or management of
    such street, main road, roadway, track, or tram-
    way, or, if there be no such body or person, of the
    Warden.

  5. Notice to be given to Local Bodies for
    taking Water-race, &c., across a Road or Street.—
    Before any license to construct a water-race, tail-
    race, sludge-channel, tunnel, or tramway over
    any street or road is granted, notice in writing
    shall be given to the local body having the care
    and management of such street or roadway, and
    the consent of such local body obtained, as pro-
    vided for in “The Mining Act, 1886,” before
    such license or certificate is granted.

  6. Mining on Streets and Roads.—If any
    holder of a miner's right shall be desirous of
    mining, or of cutting, constructing, and using a
    water-race, tail-race, sludge-channel, tunnel, or
    tramway for mining purposes, upon or under
    any street, road, highway, or track in common
    use, and there be no corporation or body having
    the care and management of such street, road,
    highway, or track to whom application can be
    made as provided for in “The Mining Act, 1886,”
    such application shall be made to the Warden,
    and the Warden shall make such order as shall in
    his opinion be necessary or desirable.

  7. Holes near Roads to be fenced.—If any
    person shall sink a shaft or make any excavation
    within the distance of 20ft. from any street, main
    road, roadway, or track in common use, he shall
    properly protect such shaft or excavation by a



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1887, No 31





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🗺️ Mining Regulations: Business Sites and Machine Sites

🗺️ Lands, Settlement & Survey
Mining, Business Sites, Machine Sites, Warden, Occupation, Roads, Tramways