230
THE NEW ZEALAND GAZETTE.
[No. 8

(7.) As soon as practicable after the filing of the application and the lodging of the duplicate originals, the Registrar shall minute thereon the time and place of hearing appointed by the Warden (such time being not less than sixteen days after the filing of the application).

(8.) In every case where the application is for the grant of a special claim comprising more than 20 acres, or of a water-race authorising the diversion of more than ten heads of water, or of a main tail-race, the Warden shall, and in any other case he may in his discretion, but in every case at the applicant's expense, publicly notify the minuted application by advertising a copy thereof (omitting, however, therefrom so much thereof as consists of the applicant's declaration and the Registrar's minute as to time of filing) not less than twice in one or more newspapers circulating in the district.

(9.) Not less than ten days before the day appointed for the hearing, the applicant shall notify every person who to his knowledge is in occupation of the land, or any part of the land, comprised in the application, or has any estate or interest therein, or any interest which will be obviously affected by the grant of the application, by posting to him at his last-known place of business or abode a registered letter containing a copy of the minuted application or of the advertisement thereof, or by delivering such copy to him personally.

(10.) The applicant shall, at least ten days before the day appointed for the hearing, conspicuously post on the ground a duplicate original of the minuted application, and shall there maintain the same until the application is finally disposed of.

(11.) Such duplicate original shall be posted and maintained as aforesaid—
(a.) In the case of a water-race, at each source whence it is proposed to obtain water, and also at the terminal point;
(b.) In the case of a tail-race, a road, or a tramway, at the starting and terminal points;
(c.) In the case of a tunnel, at the starting-point.

(12.) If any person desires to object to the application he shall, not later than the second day before the day appointed for the hearing, give notice thereof, by filing in the Warden's office a notice in the form numbered 20 in the First Schedule hereto, and by serving on the applicant a duplicate original of such notice.

(13.) In any case where, in respect of any application or objection, the foregoing provisions relating to the time or mode of giving, posting, or maintaining any notice are not duly complied with, the Warden, if satisfied that such non-compliance is not wilful, may in his discretion waive the same, or extend the time, upon such terms as to costs, postponement, and otherwise as he thinks fit.

(14.) If in an application to surrender a mining privilege any of the instruments of title have been lost, a declaration of loss, in the form numbered 21 in the First Schedule hereto, shall be made.

(15.) The declaration referred to in subsection 17 of section 136 of the Mining Act shall be in the form numbered 22 in the First Schedule hereto.

(16.) All applications shall be numbered consecutively by the Registrar according to the order of time in which they are filed, and he shall record them in the same order and with the same numbers in a book to be called the “Application Record-book.”

SURVEYS.

24. Regulations for the time being in force relating to block and section surveys, made under “The Land Act, 1892,” shall be deemed to be incorporated herewith, and shall be read and construed, mutatis mutandis, as though they formed part of these regulations, but shall be construed subject to these regulations.

25. Before disposing of any application the Warden in his discretion may order the land to which the application relates to be surveyed, notwithstanding that the area does not exceed 20 acres, and in every case where the land to which the application relates is to be surveyed the surveyor appointed to make the survey shall with all practicable despatch proceed as follows:—
    (1.) He shall duly and carefully survey the ground, and, after making all necessary inquiries, shall furnish to the Chief Surveyor for approval, and transmission to the Warden, a plan of the ground, together with a report as to—
    (a.) Its area, boundaries, description, and character;
    (b.) The likelihood of any watercourse or artificial reservoir within the boundaries being required for, or the feasibility of the same being applied to, public purposes, or the use of miners generally for gold-mining purposes;
    (c.) The cases in which and the extent to which any mining privilege lawfully held by any other person than the applicant is likely to be affected by the grant of the application; and
    (d.) Any other circumstances which, in the opinion of the surveyor, should be reported to the Warden to enable him properly to deal with the application.
    (2.) With the aforesaid plan and report, the surveyor shall also furnish to the Warden a tracing of so much of the general map of the district as will connect the land with at least one trigonometrical station, or, in the absence of such station, then with some fixed point.

26. The following general rules shall apply with respect to surveys:—
    (1.) If the mining privilege applied for affects or includes any mining privilege, private holding, building, race, or other area, whether held or occupied under the Mining Act or otherwise, the same must be shown on the plan, and full particulars relating thereto must be given in the surveyor's report to the Warden. It is the surveyor's duty to make careful inquiries respecting all claims to prior occupancy, and, if possible, furnish the names of such occupants or claimants.
    (2.) Every survey must be connected with a fixed and clearly indicated survey mark already established, such as the corner of a section, the angle of a road, a trigonometrical station, or the corner of a mining claim already surveyed. But whenever, in forest lands, a trigonometrical station is within a quarter of a mile of the mining area under survey, connection with it must be made in preference.
    (3.) If a former survey is taken as a common boundary, it shall be the surveyor's duty to ascertain that the lines on the ground conform to the recorded bearings and dimensions of that survey. If correct it may be adopted as data for the survey in hand; and, if not, the discrepancy disclosed must be reported to the Chief Surveyor when forwarding plan of survey for his approval.
    (4.) In the survey of claims every boundary shall be cut throughout, and every corner shall be marked on the ground by trenches, as described in the regulations of the Survey Department incorporated herewith; but in forest lands the trenches may be cut for a length of 3 ft. only.
    (5.) All previously surveyed mining areas or allotments that may adjoin or be within 5 chains of the land under survey must be shown on the plan, together with the tie-lines used to determine their position.
    (6.) In all cases the actual boundary-lines of the land surveyed must be measured by the surveyor, unless there be insuperable obstacles in the way. In such cases the course adopted in ascertaining the distance across or through the obstacle, and in prolonging the boundary-line, must be clearly shown on the plan.
    (7.) When the boundaries are found to interfere with any existing mining privilege, or other survey, the intersections must be carefully fixed and shown on the plan; and such other distances must be given as will admit of the relative positions of the different surveys being shown accurately on the district mining plans, and also allow of the exact area being calculated, should it be considered necessary to excise any part from the land applied for.
    (8.) The traverses in forest lands, required to ascertain the position of the corner-posts put into the ground by the applicants before the actual boundary-lines can be cut, should be altogether avoided, but, if absolutely necessary, must be as few as possible. Tabulations of these, as well as of the block boundaries, observed and measured, showing closures and connections, are to be furnished to the Chief Surveyor, together with the plan.
    (9.) In surveying water-race areas the surveyor is expected to furnish a plan showing the levels and size of the race, and an estimate of the quantity of water which would be derived from the area to be dealt with, having regard to the rainfall and the nature of the country; contributory streams proposed to be utilised, and the data on which the calculations are based, must also be given.