✨ 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.
-
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. -
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. -
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should any such application be so withdrawn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. -
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. -
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. -
The term of the license shall not exceed
twenty-one years. -
The area of land held under any license
shall not exceed that prescribed in section 87 of
the said Act. -
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. -
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.
-
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. -
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. -
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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Regulations for the Grant of Mineral Licenses
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🌾 Primary Industries & ResourcesMineral Licenses, Survey, Application, Warden, Commissioner, Crown Lands, Surveyor, Public Notice, Objections, Compensation
NZ Gazette 1891, No 97