Mining Regulations




Dec. 29.] THE NEW ZEALAND GAZETTE. 1447

his or their executors, administrators, or assigns, will and shall at all times during the continuance of the license or grant employ in or about the mines and premises hereby held as a licensed holding or special claim a number of men being for the first two years after the issue of such license in the proportion of not less than one man to every full area of three acres of the lands hereby held, and for the remainder of the term of such license one man to the area of every two acres, or the number of men mentioned in such license.

(e.) After the granting of any licensed holding or special claim the holder or holders thereof shall not be required to have more men employed on the said licensed holding or special claim for a period of six months from the date on which the license was granted than in the opinion of the Warden is sufficient to maintain the boundary-marks and do the necessary preliminary work pending the erection of machinery and plant, provided that the licensee or licensees have entered into contracts of not less than £1,000 for the supply of machinery or plant, or performing any preliminary work in connection with the said licensed holding or special claim. For the purpose of complying with subsection (d.) aforesaid every £1,000 expended in the construction of shafts or main adits, machinery, plant, water-races, or tail-races shall represent one man: Provided that there shall not be less than one man actually employed for every four acres of such licensed holding or special claim, unless a reduction in the number of men has been made for the period prescribed, and in accordance with the provisions of section 71 of “The Mining Act, 1891.” A statement of the expenditure in every case to be furnished to the Warden and Inspector of Mines, or otherwise the exemption as regards the number of men to be employed shall not avail in any case.

(f.) To furnish Returns, &c.—Provided also that he or they, the said licensee or licensees, special-claim holder or holders, his or their executors, administrators, or assigns, shall and will at all times during the continuance of the licensed holding or special claim furnish, when demanded by the Warden, Inspector of Mines, or other officer, true and accurate returns in the form in Schedule 3 hereto of the average number of men on or in connection with the mine and premises hereby held as a licensed holding or special claim, and shall from time to time, whenever so required by the Warden, Surveyor, Inspector, or such other duly-authorised officer, up to the period when the full sum hereby agreed to be expended in or about the said mine and premises shall have been so expended, furnish a true and accurate account, certified as aforesaid, of the amount at such date expended as aforesaid.

  1. Mode of determining Amount of Compensation to be paid for Buildings or Improvements on Land occupied for Residence by Holder of a Miner’s Right or Business License.—If any person shall desire to obtain a licensed holding or special claim of any land, or part thereof, occupied for the purpose of residence or business by the holder of a miner’s right or business license, or of land including land so occupied, or part thereof,

he shall, at the time of causing the notice to be published in a newspaper as hereinbefore required, serve upon the person so occupying a copy of such notice, with a memorandum subjoined thereto stating that the land about to be applied for is, or is part of, or includes, land occupied by the person so served, or part thereof, as the case may be, and specifying the amount of compensation which he will be willing and will undertake to pay in respect of any building or other improvements erected or made by such last-mentioned person, or any person under whom such person derives title, on such land or the part thereof which shall be required; and, in case the person so served shall not be satisfied with the amount so specified, he shall, in case he and the applicant cannot agree as to the amount of compensation, be entitled to object to the granting of the said license on the ground that such amount is insufficient, and such objection shall be prosecuted in the manner hereinbefore prescribed for the prosecution of objections generally; and at the time and place fixed for the hearing of objections the Warden, if with the consent of both parties, shall proceed to inquire into the matter of such compensation, and shall determine the amount thereof, and make an award as to the same in the form in Schedule 11 hereto, which said award shall be signed by the Warden. In the event of the parties interested not giving their consent to have the amount of compensation determined by the Warden, then the amount of such compensation shall be determined under the provisions of the said Act. And, in case no such objection as last mentioned shall be taken, the applicant shall pay or tender to the person so served the amount so specified.

In any case in which an application shall have been made in pursuance of these regulations for a license to occupy land in any part of which any person other than the applicant or applicants may be entitled under any license to cut, construct, or use any race or dam, or to enjoy any other easement for mining or other purposes, or occupant of a residence-site, the Warden may, if he shall think fit, authorise the issue of a license of such land, subject to all existing rights in, to, or to the use of such race, dam, residence-site, or other easement, and impose such terms as the said Warden may think fit, in order to secure the enjoyment of the same, or to secure compensation for any injury or inconvenience likely to arise to such person by reason of the issue of such license: Provided always that the Warden may, if he shall think fit, authorise the construction in or upon any land comprised in any license under these regulations of any race, dam, tunnel, or shaft, road, canal, railway, tramway, or other works which may be required for mining purposes, or for public convenience.

FOR SPECIAL CLAIMS FOR MINING UNDER THE FORESHORE.

  1. Rent to be charged.—The holder of any special claim granted under section 68 of the said Act shall pay to the Receiver of Gold Revenue half-yearly in advance during every year a rent at the rate of 10s. an acre or fractional part of an acre. The first payment in respect of such special claim shall be due and payable on the day upon which the


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1891, No 97





✨ LLM interpretation of page content

🌾 Regulations under The Mining Act, 1891 (continued from previous page)

🌾 Primary Industries & Resources
29 December 1891
Mining, Regulations, Act, 1891, Employment, Men, Acres, Warden, Expenditure, Returns, Compensation, Buildings, Improvements, Residence, Business, License, Easement, Race, Dam, Tunnel, Shaft, Road, Canal, Railway, Tramway, Special Claims, Foreshore