232
THE NEW ZEALAND GAZETTE.
[No. 8

and all parties interested, may make such order for the
repair or strengthening of the dam, or otherwise, and upon
such terms as to costs and otherwise (including the expenses
of the inspector), as he thinks fit.

General.

36. Where any race is so constructed as to cross any
    stream from which the holder of the race has no license to
    divert water, and such construction might prejudicially
    affect the rights of any person, the race shall be well and
    efficiently constructed either under or over such stream so
    as not to interfere with the free flow of all the waters
    naturally pertaining thereto, and flowing past the point of
    intersection.

37. In respect of water-race licenses, the priority of right
    to water shall, as between licensees diverting water out of
    the same watercourse, be counted from the precise time of
    filing the application therefor, which time shall in all
    cases be recorded in the register: Provided that this clause
    shall not apply in the case of a water-race license granted
    under the Mining Act in substitution of title under any
    former Mining Act.

38. (1.) Every water-race license shall have specified therein
    every point of intake, and no licensee of a water-race shall,
    without the written order of the Warden (to be applied for
    as provided in clause 23 hereof), alter any point of intake, or
    use for diverting the water any other race than the race
    specified in the license.

(2.) Before granting the application the Warden may
require all the water which, if it were not diverted, would
naturally flow in the watercourse between the said races
or points of intake to be gauged for the purpose of deter-
mining as nearly as may be the extent to which the volume
is increased from natural causes between such races or
points of intake, and may require the applicant to surrender
as many heads of water as are equal to such increase
of volume.

39. The licensee of any mining privilege in respect of water
    shall not allow any water which he is entitled to divert to
    run to waste, but, on the contrary, such water shall be bonâ
    fide taken, diverted, and used in terms of the license.

40. Every licensee entitled to divert water from a water-
    course shall place a gauge-box in his race within seven days
    after receiving a written notice so to do from any other
    licensee entitled to divert water from such watercourse.
    Where there is only one point of intake the gauge-box shall
    be placed immediately below such point, but where there
    are several points of intake the gauge-box shall be placed
    immediately below the last of such points.

41. Water may be gauged in manner described in the
    Third Schedule hereto.

MINING PRIVILEGES IN RESPECT OF TIMBER.

As to Holder of Miner’s Right and Mining Privilege.

42. The holder of a miner’s right shall as such holder,
    and without application to the Warden, be entitled to cut
    and use for his own domestic purposes, or for the purpose of
    erecting any building or fence on any mining privilege held
    by him (but for no other purpose), any timber growing or
    standing on unalienated Crown land in a mining district:
    Provided that the rights conferred by this section shall not
    be exercisable in respect of—

(a.) Land comprised in any mining privilege held by
any other person (not being a license or warrant
in respect of sawmilling or timber-cutting, as
hereinafter provided); nor in respect of

(b.) Kauri-trees or any such trees as are reserved by the
Warden or the Commissioner of Crown Lands.

43. The rights by the last-preceding clause of these regula-
    tions conferred upon the holder of a miner’s right shall, in
    the case of the holder of a mining privilege, be exercisable
    by such last-mentioned holder in respect of timber (other
    than kauri or reserved trees) growing or standing on the
    land comprised in such mining privilege, nevertheless for
    the purposes only of his own domestic use, or of the erec-
    tion of buildings or fences on such land, or the carrying-on
    of his mining operations thereon.

Sawmill Licenses.

44. On application in that behalf, the Warden may grant
    any person a sawmill license entitling the licensee during
    its currency to cut timber (other than kauri-trees or trees
    reserved by the Warden or the Commissioner of Crown
    Lands) growing or standing on the land comprised in the
    license, and sell or otherwise dispose of the same exclusively
    for mining purposes, and with respect to such application
    and license the following provisions shall apply:—

(1.) The applicant shall mark out the land in the same
manner as in the case of a claim, but tree-blazing
may be used instead of pegs.

(2.) The application shall be made and disposed of
under such of the provisions of section 136 of
the Mining Act and clause 23 of these regu-
lations as are applicable

Provided that if the land has to be surveyed
the Warden may accept as a sufficient survey a
sketch-plan by a surveyor showing approximately
the due measurements and locality of the land,
the cost of such survey not to exceed £5.

(3.) The area of the land comprised in the application
shall not exceed 200 acres.

(4.) There shall be payable in respect of the license an
annual acreage-rent at the rate of 1s. per acre,
and also a royalty at the rate specified in the
Fourth Schedule hereto in respect of all timber
cut pursuant to the license.

(5.) The acreage-rent shall be payable as provided by
subsection (10) of section 138 of the Mining Act,
and the royalty shall be payable on the same
days and for the same periods as the rent:
Provided that from the amount payable in
respect of royalty for any period there shall be
deducted so much thereof as is equal to the rent
actually paid for such period.

45. When making his application for the license, or at any
    time thereafter during the currency of the license, the appli-
    cant or licensee may in like manner apply to have reserved
    for him an adjoining area not exceeding 200 acres, and the
    Warden may, by certificate under his hand, in the form
    numbered 23 in the First Schedule hereto, reserve the same
    accordingly upon being satisfied that the sawmill plant re-
    ferred to in subclause (1) of the next succeeding clause
    hereof has or will be duly provided and fitted up as therein
    required, and that in the case of an existing license all its
    conditions have been duly complied with to date. With
    respect to such certificate the following provisions shall
    apply:—

(1.) The certificate shall continue in force for one year,
but may be renewed from year to year so long as
the license continues in force, and shall ipso facto
cease and determine with the license.

(2.) There shall be payable in advance in respect thereof,
and of each annual renewal thereof, an acreage-
rent at the same rate as in the case of the license.

(3.) The certificate shall not be transferable apart from
the license.

(4.) The certificate shall not confer any right to cut
timber or otherwise use the same, but at any
time during its currency the licensee may ex-
change his existing license for a sawmill license
in respect of the land comprised in the certifi-
cate.

46. The conditions subject to which a sawmill license shall
    be deemed to be granted, and shall be held, shall in every
    case include the following conditions:—

(1.) The licensee shall, within six months after the date
of his license, provide and fit up, either upon his
sawmill area or on some other site approved by
the Warden, a substantial and fully equipped
sawmill plant, including all the necessary build-
ings thereto appertaining, which sawmill plant
must be kept in continuous working operation,
unless valid and satisfactory reasons can be given
to the Warden for any temporary stoppage.

(2.) If at any time the mill is closed for a longer time
than the Warden thinks necessary or reasonable,
he may give the licensee one month’s notice in
writing, and, if the licensee fails or neglects to
resume and continue the bonâ fide working of the
mill in terms of such notice, the Warden shall
declare the license forfeited, and may reoffer
for license the sawmill area and the attached
reserve as if the rights of the previous licensee
had never existed. The licensee may within three
months from the date of forfeiture, however, re-
move any building or machinery he may have
erected.

(3.) The Warden may require the licensee to use a brand
for marking his timber, and to register the same
in the Warden’s Court.

(4.) The Minister, or any local authority, may at any
time, without compensation, make roads or tracks
through the land comprised in the license, or in
any reserved area.

(5.) The licensee shall at all times keep full and accu-
rate accounts of all timber cut by him under his
license, and permit the same to be inspected at
any time by any Inspector, and also shall furnish
to the Receiver monthly returns showing parti-
culars of all timber cut during the preceding
month, together with such other details as the
Receiver or the Inspector requires.

(6.) Whenever a sawmill licensee applies for another
sawmill area alongside the area previously held by
him, such last-mentioned area will be deemed to
be worked out, and the land and remaining
timber, if any, will immediately and absolutely
revert to the Crown.