Mining Regulations




Dec. 29.] THE NEW ZEALAND GAZETTE. 1467

event of the parties concerned not agreeing as to the amount of such compensation, the same shall be ascertained and determined in the manner prescribed for fixing the value of improvements by “The Mining Act, 1891.” A sketch-plan, showing the position of such road, tramway, bridge, or crossing-place, shall be lodged with the application, but the Warden may require a proper survey and plan to be furnished before granting such application.

PROTECTION.

205. Protection for Fourteen Days.—The Warden may without prior notice grant protection to any claim, area, right, or privilege held under these regulations for a period not exceeding fourteen days, provided sufficient cause be shown; and such protection shall be given in writing in the form hereinafter prescribed, and a copy thereof shall be posted on the claim or the site of the right or privilege referred to: but any protection so given shall only be granted by the Warden sitting in Court at the place where the office is situate in which the certificate for such rights applied to be protected has been issued:—

FORM OF PROTECTION.

[District and date.]

I HEREBY give notice that I have granted protection for days to the claim [right or privilege] occupied by and situate at , and held under [Particulars of miner’s right, &c.].

Warden.

206. Protection for Extended Period.—If any person be desirous of obtaining protection for any claim, area, right, or privilege held under these regulations for a longer period than fourteen days, he shall give notice in writing to the Warden. Such notice shall be in the form prescribed in the Schedule 29 hereto.

207. Period for which Protection may be granted.—The Warden may, on application as provided in the preceding section, grant protection for any claim, area, right, or privilege for any period not exceeding six months at any one time, and as provided by section 79 of “The Mining Act, 1891.”

208. Stacking Auriferous or Argentiferous Ores or Washdirt.—The Warden may grant permission to any person wishing to retain possession of quartz, or other auriferous substances, to have the same protected for a period not exceeding four months, provided that such substance is properly stacked, and that a board, with the owner’s name, address, and date of stacking legibly written or painted thereon, be posted close to such stack.

209. Notice of Protection to be posted.—When any claim is under protection for a longer period than fourteen days, the occupier thereof shall post and at all times maintain, on some conspicuous part of the said claim, a board not less than 9in. square, standing at least 4ft. above the ground, with the word “Protected,” the name of the occupier, the number and date of his certificate, and the period for which protection is granted, painted or written legibly thereon.

210. Protection of Huts.—The holder of a miner’s right may, without previous notice, register his hut or place of abode; and any hut or place of abode so registered shall be protected during the absence of the owner for such period as shall be named in the registration, not exceeding six months. If a hut which is unregistered, or the registration of which has expired, remain unoccupied for one month any holder of a miner’s right or licensed holding may take possession of and use the same without being liable to any action for trespass; and the person so taking possession of such hut shall pay compensation, to be decided by arbitration, for same to the original owner, if a demand is made in writing for same within two months from the date of occupation.

211. Protection during Notice.—When any notice has been given and posted in conformity with these regulations, the claim, area, right, or privilege to which such notice may refer shall be protected during the currency thereof, and until the application has been finally dealt with by the Warden: Provided that this section shall not apply to notices of application for protection.

212. Renewal of Protection.—Application for renewal of protection shall be made in the same manner as for the original protection.

213. Protection while testing Quartz Lodes.—In the case of any quartz claim containing not less than four men’s ground it shall be lawful for the registered owners thereof to work, hold, and occupy the same, for three months from the day on which such claim was first occupied by them, with half the number of men otherwise under these regulations required to work, hold, and occupy the same; but, should the owners of any quartz claim desire to test the reef or lode with a less number of men than above provided, they must apply in writing to the Warden, in the form provided in Schedule 29 hereto, for protection, or to the like effect, stating the number of men proposed to be employed and the time for which protection is required: Provided that if such operations are not within view of the claim, a notice shall be conspicuously posted thereon where and upon what work the owners of the claim are employed.

214. Protection during Operations.—All claims, rights, and privileges, of whatsoever nature, lawfully held and enjoyed under these regulations shall be protected during the time that the owners or holders thereof shall be actually engaged in operations connected therewith; and, if such operations are not within view of the claim, a notice, as provided in regulation 209, shall be conspicuously posted on the claim, stating what work the holder or holders of the claim are engaged in.

215. Protection during Holidays, &c.—All claims, rights, and privileges shall be deemed to be protected while the holders thereof are attending elections of members of the House of Representatives or other public bodies, or attending any Court of justice, and also during the following periods—namely, from Good Friday to Easter Tuesday inclusive, on Her Majesty’s birthday, from the 22nd December to the 5th January inclusive, and on any day proclaimed a public holiday.

216. Lunacy, &c.—No claim, right, or privilege, or share in any claim, right, or privilege, shall be deemed to be forfeited or abandoned in consequence of the death, lunacy, or bankruptcy of any person, but every such claim, right, privilege, or share shall be protected for the benefit of his heirs, executors, trustees, creditors, or representatives, as the case may be: Provided that in the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1891, No 97





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🌾 Mining Regulations: Protection and Operations

🌾 Primary Industries & Resources
29 December 1891
Mining, Protection, Claims, Rights, Warden, Regulations, Operations, Holidays, Lunacy, Bankruptcy