✨ Mining Regulations
JUNE 18.] THE NEW ZEALAND GAZETTE. 1143
(1.) The application may be made in such one of the forms numbered 15 to 26 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 by or on behalf of the applicant in the office of the Registrar during office-hours as defined in clause 107 of these regulations.
(2.) An application for a certificate of protection or for absolute surrender may include all the mining privileges that are held and worked together by the applicant, and an application for amalgamation of claims may include all the claims to be amalgamated into one claim; but in every other case the application shall relate only to one mining privilege.
(3.) The application may be transmitted to the Registrar’s office by post or otherwise, and, in the event of its reaching his office after office-hours, the time of filing shall be deemed to be the hour when the office is next open for business.
(4.) If the application is for a claim or other mining privilege requiring to be marked out, it shall be marked out before the application is filed; and unless this rule is complied with the application shall be deemed to be void.
(5.) The application shall in every case contain an address for service, which shall be in the same district as the office in which the application is filed, and all notices to be served on the applicant shall be deemed to be validly served if served at such address.
(6.) When filing the application there shall also be lodged with the Registrar by or on behalf of the applicant such number of duplicate originals thereof, being in no case less than two nor more than five, as the Registrar requests or the Warden prescribes.
(7.) The sums to be lodged with the Receiver under subsection (2) of section 136 of the Mining Act, 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.
(8.) The Warden before disposing of 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.
(9.) 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 the sixteenth day after the day of the filing of the application), and, for public information, shall affix one of the duplicates, or an abstract of its subject-matter, in a conspicuous place outside the Courthouse where the application is to be heard.
(10.) 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 not less than twice in one or more newspapers printed and published in or nearest to the locality of the land to which the application relates, or of the Courthouse where the application is to be heard.
(11.) On the day on which the application is filed, or as soon thereafter as is practicable, 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.
(12.) On the day on which the application is filed, or as soon thereafter as is practicable, the applicant shall post up on the ground, in some conspicuous position, a duplicate original of the minuted application, and shall there maintain the same until the day appointed for the hearing.
(13.) Such duplicate original shall be posted up and maintained as aforesaid—
(a.) In the case of a water-race, at each point of intake, 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.
(14.) If any person desires to object to the application he shall, by himself, his solicitor, or registered agent, not later than twenty-four hours before the time appointed for the hearing, give notice thereof, by filing in the Registrar’s office a notice in the form numbered 27 in the First Schedule hereto, and by serving on the applicant a duplicate original of such notice.
(15.) Such notice shall in every case contain an address for service, which shall be in the same district as the office in which the notice is filed, and all notices to be served on the objector shall be deemed to be validly served if served at such address.
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New Mining Regulations under the Mining Act, 1898
(continued from previous page)
🌾 Primary Industries & Resources18 June 1900
Mining Act, Regulations, Applications, Warden, Registrar, Claims, Certificates, Procedures, Forms, Fees, Notices, Objections
NZ Gazette 1900, No 52