✨ Mining Regulations
1470
THE NEW ZEALAND GAZETTE.
[No. 97
discoveries and workings within the boundaries of
such claim.
-
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. -
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. -
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. -
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. -
Existing Rights preserved. — Nothing
herein contained shall be taken to affect any exist-
ing rights or privileges. -
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.
-
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. -
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. -
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.” -
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. -
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. -
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. -
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. -
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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Mining Regulations
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🌾 Primary Industries & ResourcesMining, Regulations, Claims, Rights, Warden, Compensation, Registration, Abandonment, Forfeiture
NZ Gazette 1891, No 97