1454
THE NEW ZEALAND GAZETTE.
[No. 97

(h.) If there be no valid objection, and the Warden be not aware of any sufficient reason why a license should not issue, he may grant to the applicant a license to occupy the land applied for, or such portion thereof as he may deem expedient, and such license shall be in the form of Schedule 34A to these regulations, or to the like effect.

(i.) In granting any license to occupy, the Warden may impose such special conditions as he may deem advisable.

(j.) It shall not be necessary unless required by the Warden that a survey of the land applied for be made before the issue of a license; but in every license for unsurveyed land, or for a portion or portions of a section or sections of surveyed land, the area intended to be granted shall be stated and the land shall be described as nearly as may be by boundary-lines.

(k.) Whenever an occupation license shall be issued the licensee shall reside upon the land described in such license, but subject always to survey; and in case the land on being surveyed shall be found to exceed or fall short of the area stated in the license, the occupation license shall be amended accordingly, but so that the total area shall in no case exceed 100 acres.

(l.) In the event of any person objecting to the granting of an occupation license as defined by this Part of the regulations, the like procedure shall be followed, as nearly as may be, as is hereinbefore provided in the case of an objection to the grant of an agricultural lease.

(m.) On the issue of an occupation license the licensee shall pay to the Receiver of Gold Revenue the amount of one year’s rent, and shall continue to pay the same amount on the same day of each succeeding year until the expiry of the license or until the license shall be otherwise determined. Rent shall be at the rate of not more than one shilling for every acre or portion of an acre: Provided that if on survey the area shall be increased or diminished, the total rent shall, upon the written direction of the Warden, thereafter be adjusted accordingly.

(n.) Occupation licenses may be granted for any term not exceeding ten (10) years; but at the expiration of any such term the license may be renewed, subject, however, in each case to such increased rent and other conditions as may from time to time be prescribed by regulations or may be considered by the Warden to be advisable.

(o.) Free access shall be given over the land occupied under any such license for holders of miners’ rights to prospect for gold, and to mark out and take up claims, and to take levels for and mark out the proposed course and position of races, dams, tunnels, and tramways for mining purposes; and the Warden may on application grant any such claim, race, or mining privilege without any compensation to the licensee, provided that, if the land or any portion thereof is cultivated or otherwise improved, such cultivated or improved land shall not, unless by consent of the licensee, be interfered with or taken possession of for mining purposes until after three months’ notice to the licensee, who shall be entitled to remove any buildings or other improvements that he may have on the land, and if the land be in crop he shall be allowed a reasonable time to save and remove the crop.

(p.) In case any portion of any land occupied under any such license shall be required for mining purposes, and the licensee shall surrender the same, or the license be determined by the Warden in whole or part, the licensee shall be entitled to a reduction of rent in proportion to the acreage so surrendered.

(q.) Any holder of an occupation license may at any time voluntarily surrender his license.

(r.) The licensee shall be entitled to occupy, for the purpose of a dwelling-house, buildings, garden, or orchard, an area not exceeding one acre in the whole of the land held under occupation license; and no miner or other person shall be allowed to prospect or mine upon ground actually used and occupied for any of such purposes.

(s.) If it is shown to the satisfaction of the Warden that the ground occupied by a dwelling-house or outbuildings, or for a garden or orchard as aforesaid, contains a payable deposit of gold, then any miner may lodge an application at the nearest Warden’s Office for leave to mine upon or under the ground thus occupied. The applicant shall serve the licensee with a true copy of such application, and such application and any objections that may be made thereto shall be heard by the Warden in accordance with the provisions of “The Mining Act, 1891,” and regulations made thereunder. And upon proof of the service of the copy of application upon the licensee, and upon hearing such application and objections (if any), the Warden may refuse to grant the application, or may grant the application upon the applicant depositing in Court such amount as the Warden may consider sufficient to repay the licensee for the loss of or damage that may be done to the dwelling-house, buildings, orchard, or garden, by granting the said application. Provided always that no compensation of any kind shall be paid by the Government.

PART IV.—LICENSES TO SEARCH FOR ANY METAL OR MINERAL OTHER THAN GOLD WITHIN MINING DISTRICTS.

82. Every person desirous of obtaining a license to search for minerals or metals other than gold or silver within a mining district shall apply for the same by delivering to the Warden an application containing the name and address of the applicant, a statement of the minerals which he proposes to search for, and the locality, together with a plan or sketch showing the extent of the area of land for which he seeks to obtain a license; and every such application shall bear date the day of the delivery as aforesaid.

83. The fee shall be 1d. per acre, but shall in no case be less than £1.

84. The area to be granted shall in no case exceed two square miles.

85. The license shall be for any term not exceeding twelve months, and shall be in the form in Schedule 17 hereto annexed, and shall have indorsed thereon a plan of the lands on and over which the licensee may search for the mineral or metal named in such license; and such license shall be subject to the restrictions, limitations, and conditions in the memorandum indorsed thereon, or thereunder written or printed,