1458 THE NEW ZEALAND GAZETTE. [No. 97

or thoroughfares shall construct and keep in re-
pair good substantial and suitable crossings over
the said race not less than 12ft. in width ; and shall
also construct suitable approaches not less than
10ft. in length to and on each side of said cross-
ings. And any person or persons opening up new
roads or thoroughfares across any race shall con-
struct and keep in repair suitable approaches as
aforesaid thereto : Provided that such last-men-
tioned roads, thoroughfares, and crossings shall
not interfere with the security of the race.

109. Original Line of Race may be altered.—It
     by reason of any natural impediment it shall be
     impracticable, or attended with unforeseen diffi-
     culties or expense, to cut or construct a race ac-
     cording to the line originally designed therefor,
     it shall be lawful for the licensee of such race,
     having first obtained the permission in writing of
     the Warden, to deviate in the cutting of such
     race so far from such originally-designed line as
     shall be necessary to avoid the effects of such im-
     pediment, provided that no prior right be affected
     thereby.

DAMS AND RESERVOIRS.

110. Warden may grant Dams or Reservoirs.
     —It shall be lawful for the Warden, on applica-
     tion, to grant permission for the construction of
     dams and the formation of reservoirs for the
     storage of water for mining purposes; and any
     person desiring to construct any such dam or
     form any such reservoir shall mark out the pro-
     posed line of the same, the ground required on
     the outside of the said dam or reservoir, and the
     area intended to be occupied as dam or reservoir,
     by pegs, or cairns of stones, and trenches, as pro-
     vided for the marking of claims, and shall state
     the length and width of such area in the applica-
     tion in the form prescribed in Schedule 22 hereto,
     and copies of such application shall be posted and
     maintained by the applicant at each end of the
     proposed site of the dam.

111. Construction of Dams.—In the case of any
     dam or reservoir heretofore or hereafter con-
     structed, and whether registered or not, the
     Warden may, at his own discretion, or at the re-
     quest of any claim-holder or person residing in
     the neighbourhood of the proposed site of such
     dam or reservoir, or on or near to the proposed
     course of the overflow of water therefrom, cause
     a surveyor or engineer to prepare a plan and
     specification, setting forth the proper mode of
     construction and the necessary strength and
     thickness of the embankment of such dam, and
     the width of the by-wash thereof; and the Warden
     may cause such plan and specification to be sub-
     mitted for the approval of the Engineer of the
     Colony or the Inspecting Engineer of the Mines
     Department; and the Warden may thereupon
     make such orders therein from time to time as
     shall be necessary, and may direct by whom the
     expense of such plan and specification shall be
     borne.

112. The Warden may, at the time of dealing
     with the application of the owner of any dam or
     reservoir, or at any time thereafter, grant protec-
     tion for an area surrounding such dam or reser-
     voir, and fix the distance from such dam or reser-
     voir within which mining may be carried on.

113. Inspection of Dams or Reservoirs.—The
     Warden may at any time direct a surveyor or
     engineer to inspect any dam or reservoir, whether
     registered or not, that heretofore has been or
     hereafter may be constructed, and to report upon
     the strength, security, and fitness thereof, and of
     any works connected therewith; and such Warden
     may thereupon make any such order therein as
     may be necessary for the security of such dam or
     reservoir, and for protection of adjoining claims,
     and may direct by whom the expenses of such
     survey shall be borne.

114. Certificate may be cancelled.—If the owner
     of any dam or reservoir shall refuse or neglect to
     comply with any such order as aforesaid, the right
     to such dam or reservoir may be forfeited, and
     the certificate, if any, cancelled, and the embank-
     ment thereof be removed, or such other order
     made therein as may be requisite.

115. That in case any dam or reservoir has
     been constructed upon any licensed holding,
     special claim, or claim, or upon Crown lands,
     the Warden shall have power, when satisfied
     that such reservoir or dam is unsafe, to
     order the owner or occupier to refrain from
     storing water therein; and if the order be dis-
     obeyed the Warden may order the embankment
     of such dam or reservoir to be removed; and if
     the owner or occupier refuses to remove such
     embankment, such refusal shall be deemed a
     breach of these regulations; and the Warden may
     order any person to enter upon such lands and
     remove the said embankment, the cost of such
     removal to be defrayed by such owner or occupier.

PART VI. — DIVERSION OF PER-

MANENT STREAMS.

116. Notice of Diversion to be given.—Any
     person desirous of diverting the course of a per-
     manent stream for the purpose of working the
     bed thereof shall apply to the Warden in the
     form prescribed by Schedule 23 hereto.

117. Wall to be allowed.—Any person divert-
     ing the course of a permanent stream shall be
     allowed a sufficient wall between the channel of
     diversion and the bed of the stream; and the
     width of such wall may be defined by the Warden;
     and no person shall mine upon or otherwise inter-
     fere with any such wall without the express per-
     mission of the Warden, or the consent of the
     person holding the right to divert such stream.

PART VII. — DREDGING CLAIMS.

118. Condition of Occupation.—Any dredging
     claim, or licensed holding or special claim worked
     or intended to be worked as a dredging claim,
     that may under these regulations be taken or
     granted in any river, stream, lagoon, or water-
     course, shall be taken and held subject to the con-
     dition that any person who may at the time of the