Mining Regulations




Nov. 26.] THE NEW ZEALAND GAZETTE. 1898

demand in writing has been made by the Clerk of the
Warden's Court, deposit such additional sum as may be
required to cover such cost.

The applicant shall also publicly notify such application
by advertisement appearing at least once in each of two
consecutive weeks in some newspaper circulating in that
district, in the form of Schedule C to these regulations. 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.

  1. Hearing of Application.—Upon receipt of such applica-
    tion the Warden shall appoint a day for the hearing thereof,
    being not less than sixteen days from the receipt of such
    application.

  2. 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."

  3. 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.

  4. Objectors to give Notice.—Any person, except the Com-
    missioner of Crown Lands, or Inspector of Mines, or other
    officer of the Government, objecting to the issue of a tunnel
    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.

  5. 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.

  6. Survey, and Report to Warden.—After the preliminary
    hearing of any application, the Warden shall forward, or
    cause to be forwarded, a copy of such application (if there
    has been no objection thereto, or if the objections have not
    been sustained) to the District Surveyor, or, when there is
    no such officer, to the Chief Surveyor of the land district, or
    to an authorised surveyor registered under the mining regu-
    lations, who shall make or cause to be made a survey, and
    furnish a plan of the ground to the Warden, with a report as
    to the area, boundaries, description, and character of the
    ground ; as to the likelihood of any river, creek, or permanent
    water, spring, or artificial reservoir which may be included
    within the boundaries of the area applied for being required
    for, or the feasibility of the same being applied to, public pur-
    poses, or for the use of miners of the district generally for
    gold-mining purposes; and also as to any claims to prior
    occupancy which shall come to his knowledge, inquiry as to
    which it shall be his duty to make while making the said
    survey; and the Surveyor shall also furnish to the Warden
    a tracing of so much of the general map of the district as
    will be sufficient to connect the particular area applied for
    with at least one trigonometrical station, or, in the absence
    of any such, with some fixed point.

  7. Survey before Final Hearing.—The Surveyor shall, if
    possible, make the survey prior to the day fixed for the final
    hearing; but if from any cause the survey cannot be made
    or the plan prepared in time, the hearing may be adjourned
    from time to time at the discretion of the Warden; and no
    application shall be finally dealt with by the Warden until
    the plans and report of the Surveyor shall have been re-
    ceived. On any application for a tunnel prospecting license
    being recommended by the Warden, the Surveyor shall draw
    copies of the plans on or attached to the said tunnel pro-
    specting license, in triplicate: Provided that in all cases
    survey shall be made within the time prescribed by sec-
    tion 125 of the Mining Act.

  8. Notice to be posted by Surveyor.—Whenever the Sur-
    veyor shall have made any survey as aforesaid, he shall
    place a notice, in the form contained in Schedule E hereunto
    annexed, in some conspicuous place on the ground proposed
    to be taken up as a tunnel prospecting license.

License.

  1. 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 forward a recommendation
    to the Governor to grant a tunnel prospecting license to such
    applicant.

Every tunnel prospecting license granted by the Governor
under these regulations shall be in the form or to the effect
set forth in Schedule E to such regulations.

  1. Proceedings in case of Refusal of License.—If any tunnel
    prospecting 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 for occupa-
    tion under the Mining Act as if no license of the said ground
    had ever been applied for.

  2. Every holder of a tunnel prospecting license shall
    hold such license upon the conditions that he will carry on
    the construction of such tunnel vigorously and continuously,
    and will employ not less than six men for every 40 chains
    in length of any tunnel comprised in (or prospected under)
    such license, 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.

  3. Licensee may take up Claim.—The holder of any tunnel
    prospecting license during the term of such license shall be
    entitled to mark off a claim, special claim, or licensed hold-
    ing within the area comprised in such tunnel prospecting
    license, and, in the event of the whole or any portion of the
    land being taken up in claims, special claims, or licensed
    holdings, the holders of the tunnel prospecting license shall
    be entitled to have a reserve of 10ft. on each side of the
    tunnel left intact as a protection to such tunnel.

  4. Registration of Assignment.—Every sale, transfer, or
    assignment of land comprised in any tunnel 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 tunnel prospecting
    license was granted have been complied with.

  5. Scale of Fees for Survey.—There shall be paid for the
    survey of any area applied for as a tunnel prospecting
    license as follows: Surveyor's fee, £1 10s. per day or part of
    a day; labour extra. Mileage, 3s. per mile, one way, from
    Warden's Court where application will be dealt with.
    Drawing plan on license, 2s. 6d. each copy.

SCHEDULE A. (REG. NO. 4).

Application for an Extended Prospecting License.

To the Warden at

hereby apply for an extended prospecting license for
gold-mining purposes under the provisions of "The Mining
Act Amendment Act, 1895," over the lands hereinafter de-
scribed, which have been duly marked in accordance with the
regulations made under the said Act.

(Signature of Applicant.)
(Occupation.)
(Address.)

| Name and Ad- | Locality where | Extent of Land | If Land held | Proposed Metal | Term for which | General Remarks |
| dress in full of | the Land ap- | applied for. | under Timber | or Mineral to | License is re- | |
| Applicant. | plied for is | | Lease. | Prospect for. | quired. | |
| | situated. | | | | | |

Dated at , the day of , 18 .
The above application and any objections will be heard at
the Warden's office at , on , 18 .
Any person desiring to object to the grant of an ex-
tended prospecting license for the land applied for must,
at least three days prior to the hearing of such application
enter his objections at the Warden's office at
(Signature of Warden or Clerk.)

SCHEDULE B.

Form of Extended Prospecting License.

WHEREAS A.B., of [occupation and address], has made appli-
cation for an extended prospecting license over the lands
described in the Schedule hereto, and it has been made to
appear to me that the said application has been publicly
notified in terms of "The Mining Act Amendment Act,
1895," and that the Warden of the District (being
the district in or nearest to which the area applied for is
situated) has approved of the said application: And
whereas it appears expedient that this license should be



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1895, No 86





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🌾 Regulations for Tunnel Prospecting Licenses (continued from previous page)

🌾 Primary Industries & Resources
26 November 1895
Mining, Tunnel, Prospecting, Licenses, Regulations, Warden, Application, Hearing, Costs, Survey, Objections, Assignment, Fees