Mining Regulations




1470
THE NEW ZEALAND GAZETTE.
[No. 97

discoveries and workings within the boundaries of
such claim.

  1. Removal of Props or Timber.—No person
    shall remove any props or timber the removal of
    which may endanger the working of other claims,
    or any existing rights.

  2. Ground to be secured.—The Inspector may,
    whenever he may deem it necessary for the public
    good, make such order as may be required for the
    proper securing or safe working of any claim,
    or order the suspension of work in any claim
    until it can be worked without danger to others.

  3. Warden’s Order to be in Writing.—When-
    ever in these regulations it is said that the Warden
    may or shall order anything to be done or omitted
    to be done, such order shall be in writing, and
    shall be served upon the person to whom it is
    directed, either personally, or, if he cannot con-
    veniently be found, by leaving it for him at his
    last or usual place of abode, or, in the case of
    copartners, at the claim, station, or other place
    of business of the firm, or, in the case of a regis-
    tered company, at the registered office of the com-
    pany.

  4. Neglect of Warden’s Orders.—No person
    shall neglect or refuse to comply with any written
    notice or order of the Warden duly served and in
    conformity with the Act and these regulations,
    and any person neglecting or refusing to comply
    with any such notice or order shall be guilty of a
    breach of these regulations.

  5. Existing Rights preserved. — Nothing
    herein contained shall be taken to affect any exist-
    ing rights or privileges.

  6. Working Ground occupied for Races, &c.
    Compensation.—Any person desirous of working
    the ground which is occupied by any race or
    tunnel, or portion of a race or tunnel, or which
    is occupied and held under these regulations for
    any dam, reservoir, puddling-machine, machine
    site, special site, residence site, business site,
    tent-ground, or other purposes, shall apply in
    writing to the Warden, who may permit such
    person to enter upon and work the said ground:
    Provided that compensation shall first be paid to
    the holder or occupier, and the amount of such
    compensation may be settled by the Warden, or,
    in the case of a race or tunnel, by first providing
    an equally good race or tunnel for the use of the
    occupier; but it shall be optional with the person
    working the ground either to construct a new race
    or tunnel or to pay the amount of compensation
    adjudged, and, if he elect to construct a new race
    or tunnel, the same shall be subject to the ap-
    proval of the Warden. Any person dissatisfied with
    the Warden’s decision, either as to amount of
    compensation or as to the construction of a new
    race or tunnel, shall have the right to appeal as
    provided in section 286 of “The Mining Act,
    1891.”

PART XXVII.—REGISTRATION.

  1. Application for Registration.—Any per-
    son desirous of registering any claim, right, or
    privilege shall, after conforming to the provisions
    of “The Mining Act, 1891,” as to notices and
    otherwise, and after such claim, right, or privilege
    shall have been granted by the Warden, register
    the same within thirty days from the date of
    granting, and obtain from the Mining Registrar
    a license or certificate for the same, and such
    license or certificate shall be prima facie evidence
    of such registration, without production of the
    registers or proof of the Registrar’s signature.

  2. If on the presentation of any document
    purporting to be a transfer or assignment of,
    or memorial of encumbrance or lien upon, any
    claim, license, or interest, it shall be found on
    reference to the register that such claim, license,
    or interest has been already transferred, it shall
    nevertheless be the duty of the Mining Registrar
    to receive the document so presented, and to re-
    gister the same, provided that a notification of
    the prior registration be indorsed on the memo-
    randum given to the person presenting the docu-
    ment, but such document need not necessarily
    be a deed under seal.

  3. Any person desirous of registering the
    transfer or assignment of any licensed holding,
    special claim, claim, area, site, or right or interest
    therein, shall present to the Mining Registrar the
    document required to be registered, together with
    a memorial as set forth in Schedule 38: Pro-
    vided that, in cases where the transfer is to a
    married woman and confers any partnership
    interest, the Registrar shall cause the transferee
    to produce the authority required under section
    26 of “The Married Women’s Property Act,
    1884.”

  4. Every assignment which is hereby autho-
    rised to be registered shall be registered in form
    of Schedule 38 hereto, or to the like effect, within
    thirty days after execution, and if not registered
    within such period shall, so far as regards any
    claim or authorised holding to be affected thereby,
    be void as against any person claiming under any
    subsequent assignment duly registered after the
    expiry of the said thirty days.

  5. Every license of a water-right, machine,
    business, special, or residence site, and every cer-
    tificate for any authorised holding, claim, right,
    or privilege under these rules and regulations,
    shall, before delivery to the person entitled
    thereto, be entered in a book or books to be kept
    by the Mining Registrar for that purpose.

  6. Abandonment.—The owner of any claim,
    right, title, interest, or privilege, not being a
    licensed holding or special claim, which shall have
    been previously registered, shall, within seven
    days after abandonment or relinquishment of the
    same, give notice in writing thereof to the Mining
    Registrar, who shall thereupon cancel such certi-
    ficate, and any ground held under such certificate
    shall thereafter be open to occupation without any
    suit or proceeding in the Warden’s Court.

  7. Forfeiture and Surrender. — It shall be
    lawful for the Mining Registrar, upon any claim,
    or machine, residence, or business site, or other
    authorised holding, being declared forfeited by the
    Warden, or upon the written surrender by the
    registered owner of any claim or other authorised
    holding, or of any interest therein, of his claim,
    holding, or interest, to make an entry in the
    register of such forfeiture or surrender, which
    shall be signed by the Warden, and the Mining
    Registrar shall then close the register against all
    future entries in respect of such claim, holding, or
    interest.

  8. Encumbrances.—A memorial of any en-
    cumbrance or lien upon any claim, right, title,
    or interest, or any share or interest therein, in



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VUW Te Waharoa PDF NZ Gazette 1891, No 97





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🌾 Mining Regulations (continued from previous page)

🌾 Primary Industries & Resources
Mining, Regulations, Claims, Rights, Warden, Compensation, Registration, Abandonment, Forfeiture