✨ Mining Regulations
Jan. 30.] THE NEW ZEALAND GAZETTE. 229
(2.) For an extended claim, 5 acres.
(3.) For a special claim, 100 acres.
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The form of dredging or river claims may have relation to the course of the watercourse in which or on the banks of which they are worked, and with respect to such claims the following provisions shall apply:—
(1.) For an ordinary claim the area shall not exceed 1 acre, and not more than 3 chains of the course of the watercourse shall be comprised therein.
(2.) For an extended claim the area shall not exceed 5 acres, and not more than 15 chains of the course of the watercourse shall be comprised therein.
(3.) For a special claim the area shall not exceed 100 acres, and not more than one mile of the course of the watercourse shall be comprised therein. -
With respect to the area and dimensions of quartz claims the following provisions shall apply:—
(1.) For an ordinary claim the area shall not exceed 1 acre, and not more than 200 ft. of the length of any supposed reef shall be comprised therein.
(2.) For an extended claim the area shall not exceed 5 acres, and not more than 500 ft. of the length of any supposed reef shall be comprised therein.
(3.) For a special claim the area shall not exceed 100 acres. -
With respect to the area, form, and dimensions of sea-beach claims, the following provisions shall apply:—
(1.) The claim shall be bounded on the shoreward side by a straight line parallel, as near as may be, to the mean frontage-line of the shore at high-water mark; and on the seaward side by straight lines at right angles to the shoreward line, and extending seawards indefinitely.
(2.) In the computation of the area the portion below high-water mark shall not be included.
(3.) For an ordinary claim the area shall not exceed 1 acre, and the length of frontage to the shore at high-water mark shall not exceed 200 ft.
(4.) For an extended claim the area shall not exceed 5 acres, and the length of frontage to the shore at high-water mark shall not exceed 500 ft.
(5.) For a special claim the area shall not exceed 100 acres, and the length of frontage to the shore at high-water mark shall not exceed one mile. -
Subject to the provisions of the last-preceding regulation as to form, area, and dimensions of sea-beach claims, every sea-beach claim which is worked by a dredge shall be deemed to be a dredging claim.
MARKING-OUT OF CLAIMS AND OTHER MINING PRIVILEGES.
- The marking-out of a claim or other mining privilege by the person who desires and is qualified to take up the same shall be done by marking the boundaries of the land in manner following:—
(1.) At every angle or corner of each boundary-line, or as near thereto as is practicable, and along the boundary-line at points distant from each other not more than 300 ft., there shall be erected pegs of substantial material, standing not less than 3 ft. above the surface of the ground, and being not less than 3 in. square, or, in the case of a round peg, being not less than 3 in. in diameter.
(2.) Starting from each peg and extending for not less than 5 ft. along the boundary-line on each side of the peg there shall be cut a trench having a depth and breadth of not less than 6 in.
(3.) If pegs are not available there may be used in lieu thereof cairns of stones or mounds of earth, having in each case a height of not less than 2 ft., and a diameter at the base of not less than 18 in.
(4.) Except at the angle-points, the boundary-lines may be indicated by tree-blazing instead of by pegs, cairns, or mounds.
(5.) In the case of each mining privilege the pegs, cairns, or mounds erected at the angles or corners of the boundary-lines shall bear or have affixed thereto some one distinguishing mark, together with, in the cases following, the initial letters of the mining privilege—that is to say, O C for an ordinary claim, E C for an extended claim, S C for a special claim, W R for a water-race, T R for a tail-race, M L for a mineral license, B S for a business site, R S for a residence site, S S for a special site.
(6.) In the case of a sea-beach claim, it shall not be necessary to mark it out below high-water mark.
(7.) In the case of a dredging or river claim which comprises any portion of the bed of a stream, the boundaries of the claim shall extend to both banks of the stream unless the Warden otherwise authorises.
(8.) Where the boundary of the mining privilege is on the bank or in the bed of a watercourse, then, in so far as it is not practicable to mark such boundary by means of pegs, cairns, mounds, tree-blazing, or trenches, it shall be sufficient if in lieu thereof arrow-headed marks (thus, ↗) are cut or clearly indicated upon trees, rocks, or other fixed natural objects above high-flood mark at the end of each boundary-line, and also at intervals of not more than 300 ft. along the boundary-lines, or as near thereto as is practicable, each such arrow-headed mark being not less than 1 ft. in length, and each of the lines composing it being not less than 2 in. broad.
(9.) In addition to such arrow-headed marks, there shall also be cut or clearly indicated at the end of each boundary-line the distinguishing mark and (if applicable) the initial letters referred to in sub-clause (5) hereof.
(10.) In the case of a race it shall be sufficient if the course thereof is marked out with approximate accuracy in lieu of the boundary-lines of the land.
(11.) In the case of a tunnel it shall be sufficient if the line of the proposed tunnel is marked out with approximate accuracy in lieu of the boundary-lines of the land.
(12.) In every case where it is not practicable to mark out the boundary on the actual boundary-lines, the marks actually used shall also bear or have affixed thereto a notification indicating with approximate correctness the situation of the actual boundary-lines, and their distance from such marks.
APPLICATIONS IN RESPECT OF MINING PRIVILEGES.
- For the purposes of section 136 of the Mining Act, but subject to the specific provisions elsewhere contained in that Act or these regulations with respect to specific applications, the following general rules shall apply with respect to every application to the Warden under that section:—
(1.) The application may be made in such one of the forms numbered 14 to 19 in the First Schedule hereto as is applicable, or, if none of those forms is applicable, then in such form as the Warden prescribes or authorises, and shall be filed in the office of the Registrar during office-hours by the applicant, either personally or through a solicitor of the Supreme Court or a registered mining agent.
(2.) The application shall in every case contain an address for service, and all notices to be served on the applicant shall be deemed to be validly served if served at such address.
(3.) When filing the application the applicant shall also lodge with the Registrar such number of duplicate originals thereof, being in no case less than three nor more than five, as the Registrar requests or the Warden prescribes.
(4.) The applicant shall at the same time also lodge with the Registrar, who shall file the same with the application, a sketch-plan showing approximately (but not necessarily by scale), in the case of a race its point of intake, course, terminal point, and length; in the case of a tunnel, its starting-point course, and length; and in the case of any other mining privilege its situation, shape, and measurements; and if the license is granted in respect of unsurveyed land a copy of such plan, modified, where necessary, so as to accord with the grant, shall be drawn by the Registrar on the license.
(5.) The sums to be lodged with the Receiver under subsection (2) of the aforesaid section 136, to abide the disposal of the application, shall, according to the nature of the application, be the sums set forth in the Second Schedule hereto, or, in so far as that Schedule does not apply, then such sums as the Warden or the Receiver directs:
Provided that, in every case where it appears to the Warden or Receiver that the sums so lodged are insufficient, the applicant shall forthwith, after demand in writing by the Receiver, lodge such further sum as is specified in the demand; and if such demand is not complied with the Warden may either postpone or dismiss the application, upon such terms as to costs and otherwise as he thinks fit.
(6.) The Warden before granting the application shall satisfy himself that the sums lodged as aforesaid are sufficient to pay all fees and other charges in respect whereof the lodgment has been made, and they shall be applied in payment thereof accordingly, and the surplus (if any) shall be returned to the person entitled thereto.
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Regulations under The Mining Act, 1898, including provisions for prospecting warrants, licenses, and claims
(continued from previous page)
🌾 Primary Industries & Resources27 January 1899
Mining Act, Prospectors, Warrants, Licenses, Claims, Native Land, Warden, Regulations
NZ Gazette 1899, No 8