✨ Mining Regulations
Jan. 30.] THE NEW ZEALAND GAZETTE. 231
(10.) Care should be taken to show on the plan and note in the report those parts of the race which pass through sold lands, cultivations, areas held under the Land and Mining Acts; and the points where the race intersects other races, roads, tracks, tramways, or any other mining area, or any public or private land, however held, should be clearly defined.
(11.) The boundaries and areas to be covered by the water-surface and embankment of a dam should be shown on plan, as well as all leased or sold lands, cultivations, or any other mining area or other land, however held, which the dam, if filled, would interfere with.
(12.) In the case of surveys of underground workings, which have to be carried out under the supervision of the Survey Department, special instructions will be issued in each case.
(13.) The surveyor's plan shall be drawn to the following scale:—
Chains to an Inch.
Claims or blocks containing 5 acres and under .. .. .. 2
Claims or blocks from 5 up to 30 acres 5
Claims or blocks from 30 acres upwards 10
Races under two miles in length .. 5
Races from two miles to five miles in length .. .. .. 10
Races over five miles in length .. 20
Reservoirs under 2 acres in extent .. 2
Reservoirs from 2 acres to 20 acres in extent .. .. .. 5
Reservoirs from 20 acres upwards in extent .. .. .. 10
(14.) If the scale of 10 chains to an inch for plans of claims or blocks exceeding 30 acres in area be found too small to properly indicate any buildings or other improvements that are on the ground, the 5-chain scale must be used, or enlargements made to show them plainly.
(15.) Topographical features, such as mountains, spurs, gorges, rivers, creeks, lagoons, waterfalls, roads, tracks, or other physical features of or affecting the land surveyed, must be shown in full on all mining survey-plans.
(16.) The surveys of mining claims or blocks must be plotted on sheets prepared by the department, to which the requisite surveyor's certificate is attached. These forms will be sold to any surveyor on application to the Chief Surveyor or to the Mining Registrar of the district. Other mining surveys may be plotted on antiquarian or double-elephant paper, of a size of not less than 18 in. square.
(17.) The surveyor will be held responsible for the accuracy of the certificate attached to his plan; and if, on receipt of an official plan from a surveyor, it shall be found deficient in any necessary information, and if the omission be considered to be the result of a want of proper care on the part of the surveyor, he will be called upon to supply the deficiency at his own cost.
(18.) No surveyor shall employ more than two field-parties in the field, unless authorised surveyors are placed in charge of such field-parties.
(19.) The survey-fees shall, in the case of each survey, be payable according to the following scale:—
(a.) Not exceeding 30 acres, 4s. per acre, but not less than £5.
(b.) Exceeding 30 acres and up to 50 acres, 3s. 6d. per acre, but not less than £6.
(c.) Exceeding 50 acres and up to 100 acres, 3s. per acre, but not less than £8 15s.
(d.) Exceeding 100 acres and up to 200 acres, 2s. 6d. per acre, but not less than £15.
(e.) Extended claims, £2 10s. each.
(f.) Travelling-expenses from surveyor's residence, 3s. per mile extra by the cheapest practicable route, one way, provided that such of the travelling-expenses as are incurred for the purposes of two or more surveys shall be equitably apportioned amongst them, and the full scale of travelling-expenses shall, in the case of each such survey, be proportionally reduced.
(g.) Bush-cutting, 2s. 6d. per chain extra.
(h.) Underground surveys, encroachments, water-races, or other surveys to which the foregoing rates do not apply shall be paid for as follows: Surveyor's fee, £2 per day or part of a day; labour extra; mileage as above.
(i.) The cost of putting plans on certificate forms—viz., 3s. 6d.—is included in above fees, and when this is done by the Government that amount will be deducted from final payment.
(j.) Where necessary to reduce size of claims, &c., after survey, the cost on above scale must be deposited before survey is made or certificate issued.
(20.) When plans are received and have been approved, the Chief Surveyor shall, in cases where the survey has been made by an officer of the staff, forward to the Receiver an abstract or voucher, duly certified, in favour of the Public Account. Where the survey has been made by an authorised private surveyor, an abstract or voucher for the sum or sums due, in favour of the person entitled, shall be sent in like manner.
(21.) The Receiver may, after approval of the voucher by the Chief Surveyor, pay to the person entitled any sum up to 50 per cent. of the amount of deposit, and on final approval of the survey shall pay out of his deposit account the balance or full amount, as the case may be, into the Public Account or to the person entitled to receive, as the case may be; and should there be a balance, he shall pay it to the depositor or to the Public Account as he may be specially instructed.
MINING PRIVILEGES IN RESPECT OF WATER.
Tail-races.
- It shall be lawful for the Warden, by order in writing, to authorise any person lawfully engaged in mining operations to use or enlarge for the purpose of such operations any tail-race the property of any other person (excepting such portion thereof as may lawfully be used as a ground-sluice for saving gold) subject to the conditions following:—
(1.) That the applicant for the order first pays to the holder of the tail-race a proportionate share of the original cost of the construction of such tail-race, or a periodical payment in advance as a rent for the use thereof; and also,
(2.) That if it is proposed to enlarge such tail-race such enlargement shall be at the sole expense of the person applying for the order, and shall be so carried out as not to unduly interfere with the mining operations of the holder of the tail-race; and also,
(3.) Such other conditions as the Warden thinks equitable.
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Where an order pursuant to the foregoing regulation has been made, the person, other than the holder of the tail-race, so using the same shall at all times, on receiving notice in writing from such holder, forthwith assist in clearing the same whenever it shall be reasonably necessary so to do, and if such person makes default it shall be competent for the holder of the race to clear the same and to recover from the person in default his proportionate share of the cost thereof.
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The proportionate share of the cost of construction, and the amount of the rent, and any dispute between the parties in respect of the premises, shall be settled by arbitration.
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All gold discharged into such tail-race shall be the exclusive property of the holder of the tail-race.
Main Tail-races.
- The application for a main tail-race shall specify the person by whom and the terms upon which the race is to be used, and at any time during the currency of the license the Warden, on application in that behalf, may by order authorise any other person to use the race, upon such terms as to payment for user, contribution for maintenance, and otherwise, as the Warden thinks equitable.
Dams.
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Before granting any application for a dam the Warden may order the site thereof to be inspected and reported on by any duly qualified surveyor or engineer, who may draw up plans and specifications therefor, which may be submitted to the Inspecting Engineer of the Mines Department; and it will be incumbent on the licensee to construct such dam subject to such plans and specifications as altered by such Inspecting Engineer.
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The cost of such inspection and report, and of preparing such plans and specifications, shall be borne by such persons as the Warden may order.
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The Warden may, either before or subsequently to granting any application for a dam, specify a distance therefrom within which mining operations may not be carried on, and such specification may, on application either of the holder or any other person bonâ fide carrying or proposing to carry on mining operations in close proximity to the said dam, be from time to time amended.
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The Warden may, on the application of any person likely to be damnified by the unfitness for use of any dam, order the same to be inspected by any duly qualified engineer or surveyor, and, after hearing the holder of the dam
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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