Mineral Licensing Regulations




1450 THE NEW ZEALAND GAZETTE. [No. 97

intended by him to be taken against the issue of
such license to the applicant.

  1. Every person so objecting shall, at the time
    of lodging the notice of his objections with the
    Warden, deposit with the Receiver of Gold
    Revenue for the district, or, if there be no such
    Receiver, with the Warden, the sum of £10, to be
    disposed of in such manner as the Warden shall
    direct, in satisfaction, so far as the same will extend,
    of all expenses to which the applicant shall, with-
    out sufficient reason, be put by reason of such
    objections, in case the same shall not be prose-
    cuted or shall fail; and such Receiver shall give
    to the person paying the said sum a receipt there-
    for, in the form in Schedule 10 hereto; and in
    case there shall be no such expenses, or, if there
    shall be any, then subject to the payment thereof,
    the said sum shall be refunded to the person
    objecting.

  2. Inquiry into Applications and Objections.—After the expiration of the time allowed for ob-
    jections, the Warden shall hear the application,
    and shall decide whether the applicant shall have
    a license granted to occupy the land applied for
    or not, and immediately after the hearing shall
    inform the Commissioner of Crown Lands for the
    district in which the said land is situate whether
    the said application has been granted or refused.

  3. Withdrawal of Application.—Any applicant
    for a mineral license may withdraw his applica-
    tion by giving notice in writing to that effect to
    the Warden, and to each objector (if notice of
    objection has been given) upon payment of such
    expenses, if any, as the Warden shall direct; and,
    should any such application be so withdrawn
    before any expense of survey has been incurred,
    the applicant shall be entitled to receive back
    any money he may have paid as survey-fees.

  4. All costs and expenses incurred by or on
    behalf of or by direction of the Crown, by reason
    of the withdrawal of any application for a license,
    shall be considered expenses within the meaning
    of these regulations.

  5. The parcel of land granted under a mineral
    license shall be in the form of a parallelogram as
    nearly as practicable, and the same shall be
    described in the license by accurate boundary-
    lines.

  6. The term of the license shall not exceed
    twenty-one years.

  7. The area of land held under any license
    shall not exceed that prescribed in section 87 of
    the said Act.

  8. Registration of Assignment.—Every sale or
    assignment of any mineral license, or of any
    interest therein, shall be registered at the Warden’s
    office, but it shall not be necessary that such as-
    signment shall be by deed; but all arrears of rent
    shall be paid prior to such registration.

  9. Miscellaneous Provisions relating to Licenses.—Where gold or silver is associated with
    other minerals or metals in any land or premises
    comprised in any license under these regulations,
    if the applicant for any such license, or, in case
    any such license shall have been granted, if the
    licensee therein shall desire to mine for such gold
    or silver, or should the nature of his operations
    be such as to lead to the removal of gold or silver,
    he must, independently of the mineral license,
    make application for a license in accordance with

the regulations relating to licensed holdings for
gold and silver ; and, if he shall proceed to mine for
such gold or silver before he shall have obtained
such last-mentioned licensed holding, the mineral
license obtained by him under these regulations
shall be liable to be forfeited upon the order of
the Warden.

  1. If the title to any ground applied for under
    these regulations shall be disputed by any person,
    each party may maintain their works and boun-
    daries until the hearing of the application and
    of the objections thereto, and upon such hearing
    the Warden may decide the rights of the parties
    according to priority of occupation and the justice
    of the case as if a summons had been issued for
    a trespass or encroachment.

  2. 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 per-
    son shall desire to obtain a mineral license 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 memo-
    randum 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 build-
    ing 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 and the applicant can-
    not agree as to the amount of compensation,
    such person shall be entitled to object to the
    granting of the said license on grounds to be
    specified by him, 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 deter-
    mine the amount thereof, and make an award of
    the same in the form in Schedule 11 hereto,
    which shall be signed by the Warden. In the
    event of the parties interested not giving their
    consent to have the amount of compensation de-
    termined 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.

  3. In every case where any such compens-
    ation as aforesaid is payable, the applicant
    shall, before the issue to him of a license, pro-
    duce satisfactory evidence to the Warden that
    the amount of such compensation has been paid
    to the person entitled thereto, or tendered to
    and refused by such person, and if so refused, or
    in case such last-mentioned person cannot be
    found, lodged to the credit of the deposit account
    of the Receiver of Gold Revenue of the mining



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1891, No 97





✨ LLM interpretation of page content

🌾 Regulations for the Grant of Mineral Licenses (continued from previous page)

🌾 Primary Industries & Resources
Mineral Licenses, Survey, Application, Warden, Commissioner, Crown Lands, Surveyor, Public Notice, Objections, Compensation