1466
THE NEW ZEALAND GAZETTE.
[No. 97

auriferous earth or quartz tailings, headings, or other substances, or as washing-sites, or for other special purposes.

193. Marking and Application.—Any person desiring to obtain a machine or special site shall mark out the same as a claim and apply to the Warden in the form of Schedule 30 to these regulations, or to the like effect.

194. Restriction of Site.—Machine-sites and special sites shall not, except under extraordinary circumstances, be granted for any land which is known to be auriferous or argentiferous, unless the same has been worked out and abandoned, nor for land which is in the line or direction of any workings, or which is, or may probably be, required for business purposes.

195. Special Sites may be resumed by Warden.—Every special site shall be held on the express condition that it may at any time be resumed, and the grant cancelled by the Warden, without compensation.

PART XXIII.—ROADS AND TRAMWAYS.

196. Right of Roadway.—Every person holding a claim or otherwise occupying land under these regulations shall be entitled to a right-of-way whereby he may at all times obtain free ingress and egress thereto and therefrom. Every such person who shall construct a road or track over Crown lands to his claim or land shall be entitled to the free use of same until the ground is absolutely required for mining or public purposes; and any person may use the said road or track on paying a fair share of the expense of maintenance.

197. Sludge and Water to be kept off Roads.—No person shall allow any sludge or water to run or spread over any road, roadway, track, tramway, or crossing-place.

198. Roadway along Banks of Rivers, &c.—A width of two chains for the purposes of public roads and wharves shall be reserved by the Warden from occupation along the banks of all rivers, lakes, and other waters navigable for boats: Provided that it shall be in the power of the Warden to allow mining thereon, subject to such conditions as he may deem necessary.

199. Protection to Roadways, &c.—No person shall dig within a distance of 20ft. from any street or main road, or 5ft. from any other roadway, tramway, or track in common use, nor drive underneath or in any way interfere with such street, main road, roadway, track, or tramway, without first obtaining the authority of the person or body charged with the care or management of such street, main road, roadway, track, or tramway, or, if there be no such body or person, of the Warden.

200. Notice to be given to Local Bodies for taking Water-race, &c., across a Road or Street.—Before any license to construct a water-race, tail-race, sludge-channel, tunnel, or tramway over any street or road is granted, notice in writing shall be given to the local body having the care and management of such street or roadway, and the consent of such local body obtained, as provided for in “The Mining Act, 1891,” before such license or certificate is granted. In every case where a license is applied for a mining right to cross any roadway or street such crossing shall be clearly set forth in the application for same, and if not stated in such application it shall be a ground for cancellation of any license otherwise obtained.

201. Mining on Streets and Roads.—If any holder of a miner’s right shall be desirous of mining, or of cutting, constructing, and using a water-race, tail-race, sludge-channel, tunnel, or tramway for mining purposes, upon or under any street, road, highway, or track in common use, and there be no corporation or body having the care and management of such street, road, highway, or track to whom application can be made as provided for in “The Mining Act, 1891,” such application shall be made to the Warden, and the Warden shall make such order as shall in his opinion be necessary or desirable.

202. Holes near Roads to be fenced.—If any person shall sink a shaft or make any excavation within the distance of 20ft. from any street, main road, roadway, or track in common use, he shall properly protect such shaft or excavation by a sufficient fence or barricade, to the satisfaction of the Warden; and no person shall at any time remove or injure such fence or barricade; and, in case any person shall leave or abandon any such shaft or excavation, he shall properly fill up, or completely cover with logs not less than 6in. in diameter, or otherwise secure the same to the satisfaction of the Warden. If any hole, paddock, or shaft is left by any person on a street, roadway, or track in common use unfenced or improperly filled up or covered over, the Inspector, Mining Registrar, or any person in charge of such street, roadway, or track may sue and recover from such person in the Warden’s Court any moneys expended in the erection of a fence, or in filling up or covering over such hole, paddock, or shaft.

203. Road along Sea-beaches.—Beach claims shall not interfere with any traffic along the beach, nor with the discharge of water, tailings, or other matters thereon: Provided that the Warden shall have power to prevent or regulate the discharge of such water, tailings, or other matters.

204. Formation of Private Roads, Tramways, &c.—When any person is desirous of forming a road, tramway, bridge, or crossing-place over or across any gully, creek, claim, or land occupied under these regulations, a notice to that effect, in the form contained in Schedule 24 hereto, shall be posted on the ground (in the case of a road or tramway, at the commencement and termination of such road or tramway), and outside the Warden’s office, for seven days, after which period the Warden shall determine whether such road, tramway, bridge, or crossing-place is necessary, and if he shall agree to its formation he may prescribe such conditions as he may think fit, and he shall then fix, or cause to be fixed, the exact line or position thereof: Provided that no such road, tramway, or crossing-place shall be made over or through any claim or licensed holding without the consent of the claim-holder or licensee, unless compensation for damage or loss shall be first paid or tendered to the owner thereof. In the