✨ Mining Regulations
1832
THE NEW ZEALAND GAZETTE.
[No. 86
regulations, and do hereby prescribe the several fees, herein-
after set forth, namely :—
REGULATIONS.
Extended Prospecting Licenses.
-
What Lands may be held under Extended Prospecting
Licenses.—Any Crown lands within New Zealand may be
held under an extended prospecting license so long as such
lands are distant two miles from any claim, special claim,
or licensed holding, on which actual mining operations are
being carried on. -
Marking off Ground.—Every applicant for an extended
prospecting license shall make application to the Warden of
the district nearest the locality where the land applied for is
situate, and he shall, previous to making such application,
mark out the area applied for by causing to be erected at
every angle thereof a post not less than 4in. in diameter,
and standing not less than 2ft. above the ground, and shall
have a distinguishing mark cut into the wood near the head
of such post, and in the applicant's notice such distinguish-
ing mark shall be stated. -
Deposits to be Lodged.—The applicant for any extended
prospecting license shall, at the time of making application,
lodge with the nearest Receiver of Gold Revenue a deposit
at the rate of £15 for every hundred acres applied for, such
money to be paid into the Receiver-General's deposit
account; and it shall be returned to the holder of such
extended prospecting license on the certificate of an Inspector
of Mines that at least £3 has been expended per annum in
actual prospecting operations for every acre comprised in
such extended prospecting license. Not less than one man
shall be continuously employed for every thirty-six acres
comprised in any extended prospecting license. The ap-
plicant shall further deposit the sum of £5 with every
application for an extended prospecting license to cover the
cost of hearing, advertising, and preliminary expenses. -
Mode of Application.—Every application for an ex-
tended prospecting license shall be made in triplicate, in the
form in the Schedule hereto marked A, or as near thereto as
practicable, to the Warden of the district nearest the locality
where the area applied for is situate, and it shall be signed and
lodged, either by the applicant personally or by his attorney,
or by a barrister or solicitor of the Supreme Court, regis-
tered mining agent, or by any person authorised in writing
by the applicant or his attorney to lodge such application;
and in case the land applied for is held under a timber lease
by the applicant this shall be stated in the application.
The applicant shall also publicly notify such application
by advertisement appearing at least once in each of two
consecutive weeks in some newspaper published and circu-
lating in the district, in the form of Schedule A to these
regulations; and he shall forward a copy of such adver-
tisement to the Commissioner of Crown Lands for the Land
District wherein the land applied for is situate. A copy
of such application shall be posted and maintained on the
ground by the applicant from the date of application until
the day of hearing, and copies of the newspaper containing
the advertisement of such application shall be produced to
the Warden before he shall proceed to hear the application.
-
Hearing of Application.—Upon receipt of such applica-
tion the Warden shall appoint a day for the hearing thereof,
being not less than twenty-one days from the receipt of such
application. -
Priority of Application.—In the event of more than one
application being made for the same land or any part
thereof on the same day, the Warden shall determine which
of the applicants shall be held to have the prior right in
accordance with the provisions of "The Mining Act, 1891." -
Protection during Application.—All lands for which
application shall have been made in the manner aforesaid
shall be exempt from occupation from the date of lodging
such application at the Warden's office until such applica-
tion shall have been finally dealt with. -
Objectors to give Notice.—Any person, except the Com-
missioner of Crown Lands, Inspector of Mines, or other
officer of the Government, objecting to the issue of an
extended prospecting license being granted shall forward
to the Warden, at least three days prior to the hearing of
the application, a full statement of his objections, and shall,
within such time, serve a copy thereof on the applicant, or
upon his attorney, barrister, solicitor, agent, or person
authorised to lodge the application. -
Proceedings in Case of Objections.—If at the hearing of
any objection as aforesaid the Warden shall find such
objection valid, he shall thereupon reject the application,
either as to the whole or a part of the land applied for, and
he may award to the objector and his witnesses any reason-
able costs and expenses; and, if the Warden shall disallow
the objection, he may award to the applicant and his wit-
esses (if any) reasonable costs and expenses, as the said
Warden may direct, and any award of costs and expenses
may be enforced as a judgment in the Warden's Court.
License.
- Warden to recommend License.—If, at the final hearing,
there shall be no objection, or if on hearing the objections (if
any) the Warden shall not find any such objection valid, and
if there be no reason known to the Warden why a license of
the whole or any part of the land applied for should not be
granted to the applicant, he shall recommend that an extended
prospecting license be granted to such applicant, and he shall
inform the Commissioner of Crown Lands of the district
accordingly.
Every extended prospecting license granted by the Go-
vernor under these regulations shall be in the form or to
the effect set forth in Schedule B to such regulations.
-
Proceedings in Case of Refusal of License.—If any license
so applied for shall be refused, or if any application for a
license shall be withdrawn, a notice thereof shall be posted
outside the Warden's office, and it shall be stated in such
notice that such ground is open to persons holding miners'
rights or business licenses, or to any applicant for a license,
as if no license of the said ground had ever been applied for. -
Conditions.—Every holder of an extended prospecting
license shall hold such license upon the express conditions
that he will carry on vigorously and continuously prospecting
operations on the land for which an extended prospecting
license is granted, and that such holder will, upon the
discovery of any metals or minerals on such land, promptly
report every such discovery to the Warden of the district in
or nearest to which the land comprised in such license is
situated, and will expend annually at least £3 for every acre
comprised in such license, and employ upon the said land not
less than one man for every thirty-six acres comprised in any
extended prospecting license. -
Registration of Assignment.—Every sale, transfer, or
assignment of land comprised in any extended prospecting
license, or any interest therein, shall be registered at the
Warden's office, whether such transfer or assignment be by
deed or otherwise. Before any transfer or assignment is
made, a certificate must be produced from the Inspector of
Mines that the conditions on which such extended pro-
specting license was granted have been complied with. -
Surplus Ground.—If any applicant for an extended
prospecting area marks off a larger area of land than is set
forth in his application, any person requiring such land can
have the land surveyed at his own cost by any authorised
surveyor, and on the production of a plan of such authorised
surveyor to the Warden, he may award any surplus ground
over and above the area comprised in the extended pro-
specting license to the person causing such survey to be
made, and the Warden may recommend that such person
be granted an extended prospecting license for such surplus
area. -
Licensee to get Notice of Complaint.—In the event of any
Inspector or holder of a miner's right deciding to lodge a
complaint in the Warden's Court, on the ground that the
holder of an extended prospecting license is not faithfully
complying with the conditions under which such license was
granted, notice in writing shall be first served on the holder
of such extended prospecting license, or on his representative,
and if, after receiving such notice as aforesaid, the holder of
the said extended prospecting license shall fail or neglect to
comply with the conditions under which such license was
granted, that shall be sufficient evidence for the Warden to
recommend the Governor to cancel such extended prospect-
ing license.
Tunnel Prospecting Licenses.
-
Application for License.—Every application for a tunnel
prospecting license shall be made in triplicate, in the form in
the Schedule hereto marked C, or as near thereto as practi-
cable, to the Warden of the district, and it shall be signed
and lodged, either by the applicant personally or by his
attorney, or a barrister or solicitor of the Supreme Court, or
by a registered mining agent, or by any person authorised in
writing by the applicant or his attorney to lodge such appli-
cation. -
Marking off Line of Tunnel.—The applicant for any
tunnel prospecting license shall, previous to making applica-
tion to the Warden, mark off the line of proposed tunnel by
causing to be erected at the commencing and terminating
points, and also at any angle, a post not less than 4in. in
diameter, and standing not less than 2ft. above the ground,
and shall have a distinguishing mark cut into the wood
near the head of such post. -
Deposits to be lodged.—The applicant for any tunnel
prospecting license shall, at the time of making application,
deposit with the Receiver of Gold Revenue for the district a
sum for survey and necessary expenses, in accordance with
the scale set forth in Schedule D to these regulations, to-
gether with the sum of £5 to cover the cost of hearing,
advertising, and preliminary expenses: Provided that, in
case the sum deposited by the applicant for survey is not
sufficient to cover the cost of same, the applicant shall, after
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Regulations for Extended Prospecting Licenses
(continued from previous page)
🌾 Primary Industries & Resources26 November 1895
Mining, Prospecting, Licenses, Regulations, Crown Lands, Warden, Fees, Application, Hearing, Conditions
🌾 Regulations for Tunnel Prospecting Licenses
🌾 Primary Industries & Resources26 November 1895
Mining, Tunnel, Prospecting, Licenses, Regulations, Warden, Application, Hearing, Conditions
NZ Gazette 1895, No 86