✨ Mining Regulations
May 16.] THE NEW ZEALAND GAZETTE. 645
mining thereon, prior to his taking possession thereof.
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Conditions of Working.—Whenever any residence site, business site, machine site, or special site shall be given up, in whole or in part, upon compensation or otherwise, the Warden may make such orders relative to the mode of working the ground, the restoration of the soil, and other conditions, as he may deem necessary or desirable.
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Resumption of Mining Privileges.—Every claim, right, or privilege held, taken, or granted under these regulations shall be subject to the condition that it may be resumed by Her Majesty the Queen, on payment of compensation, where not otherwise provided, to the holders thereof, to be fixed by arbitration as provided for in “The Mining Act, 1886.”
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Permission to enter Claims.—The Warden shall have power to authorize in writing the entry of any surveyor, Assessor, Inspector, or any other person into and upon any claim, licensed holding, or site for the purpose of measuring the depth of any shaft, or the dip, direction, inclination, or length of any tunnel or drive, or for any other purpose.
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Warden to be Judge of Objections.—The Warden shall in all cases be the sole judge (subject to any right of appeal given by “The Mining Act, 1886”) of the validity of objections to the granting of any claim, right, or privilege, or to the issue of any license or certificate of registration, and also of what is a “reasonable time” for the performance of any work when no fixed period is provided by these regulations.
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Ownership of Trees upon Claims.—All trees situated upon any claim or area taken up for mining purposes shall be the property of the owners of such claim or area during the time they are in legal possession of the ground on which such trees are situated.
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Felling Trees across Roads or Claims.—Any person who may fell or cause to be felled any tree across or upon any road, footpath, crossing-place, claim, site, water-race, or other mining property, or to the prejudice of any right or privilege, shall cause the same to be removed within twelve hours after the felling of such tree.
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Holders of Claims entitled to all Discoveries within the Boundaries.—The holder of any mining claim shall be entitled to the benefit of all gold discoveries and workings within the boundaries of such claim.
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Removal of Props or Timber.—No person shall remove any props or timber, the removal of which may endanger the working of other claims, or any existing rights.
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Ground to be secured.—The Inspector may, whenever he may deem it necessary for the public good, make such order as may be required for the proper securing or safe working of any claim, or order the suspension of work in any claim until it can be worked without danger to others.
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Warden’s Order to be in Writing.—Whenever in these regulations it is said that the Warden may or shall order anything to be done or omitted to be done, such order shall be in writing, and shall be served upon the person to whom it is directed, either personally, or, if he cannot conveniently be found, by leaving it for him at his last or usual place of abode, or, in the case of copartners, at the claim, station, or other place of business of the firm, or, in the case of a registered company, at the registered office of the company.
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Neglect of Warden’s Orders.—No person shall neglect or refuse to comply with any written notice or order of the Warden duly served and in conformity with these regulations.
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Existing Rights preserved. — Nothing herein contained shall be taken to affect any existing rights or privileges.
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Working Ground occupied for Races, &c.—Compensation.—Any person desirous of working the ground which is occupied by any race or tunnel, or portion of a race or tunnel, or which is occupied and held under these regulations for any dam, reservoir, puddling-machine, machine site, special site, residence site, business site, tent-ground, or other purposes, shall apply in writing to the Warden, who may permit such person to enter upon and work the said ground: Provided that compensation shall first be paid to the holder or occupier, and the amount of such compensation may be settled by arbitration, or, in the case of a race or tunnel, by first providing an equally good race or tunnel for the use of the occupier; but it shall be optional with the person working the ground either to construct a new race or tunnel or to pay the amount of compensation adjudged, and, if he elect to construct a new race or tunnel, the same shall be subject to the approval of the Warden, or Warden and Assessors, in the event of dispute, or, at the option of either party, by arbitration.
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Machinery, Plant, or Necessary Works to represent Labour.—In all claims, licensed holdings, and special claims where machinery, plant, or necessary works are erected or constructed, such machinery, plant, or necessary works shall, for the purpose of occupying the said claim, represent one man for the first £300, two men for the first £600, and for every £150 additional, up to £3,000, one additional man, for the capital expended in procuring, erecting, or constructing the said machinery, plant, or necessary works; provided that for licensed holdings there shall not be less than one man actually employed on every two acres or fractional part of that area so held as a claim;
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General Mining Regulations
(continued from previous page)
🌾 Primary Industries & ResourcesMining, Regulations, Claims, Rights, Privileges, Warden, Compensation, Trees, Felling, Discoveries, Props, Timber, Safety, Orders, Neglect, Existing Rights, Races, Tunnels, Machinery, Plant, Labour
NZ Gazette 1887, No 31