Mining Regulations Text




June 18.] THE NEW ZEALAND GAZETTE. 1151

an unregistered mining privilege, the name and situation of such privilege, and the name of the holder thereof.

(3.) The Registrar shall also file the application, and indorse thereon, under his hand, a memorial of the registration of the lien, the office of registration, and its registration number as appearing in the register.

(4.) The notice of the registration of the lien to be posted by the Clerk to the holder of the mining privileges affected thereby may be in the form numbered 52 in the First Schedule hereto.

(5.) The discharge of a lien may be effected by instrument of discharge in the form numbered 53 in the First Schedule hereto.

(6.) The instrument of discharge shall be signed by the lienee, or if the discharge is by order of the Warden, then by the Warden.

(7.) The instrument of discharge shall be registered in every case where the lien itself has been registered.

General as to Registration.

  1. No instrument shall be deposited with the Registrar for registration, nor shall any application for registration be deposited with him, except at his office, being in every case the office of the Court, and during office-hours as defined in clause 107 of these regulations.

  2. No Registrar shall register any mining privilege or lien, or any instrument purporting to transfer or to in any way deal with or affect any mining privilege, except in manner provided by the Mining Act and these regulations.

  3. No Registrar shall register any instrument liable to stamp duty unless the instrument purports to have been duly stamped, but in no case shall any registration be invalidated by reason of any error in this respect.

  4. In any case where any mistake is made by the Registrar in any entry in the register, or in any memorial, he shall rectify the same by a new entry or memorial in such form as may be convenient, specifying the day and hour of the rectification, but not erasing or obliterating the erroneous entry or memorial; and for the purpose of such rectification he may require any person to produce any document in his possession.

  5. Upon payment of the fee of 6d. per folio of ninety words or any part thereof, the Registrar shall furnish to any person applying for the same a certified copy of any registered instrument; and every document purporting to be certified under the hand of the Registrar and the seal of the Court as a certified copy of a registered instrument shall, without proof of his signature, be received in evidence for all purposes for which the original instrument might be put in evidence.

  6. There shall be payable in respect of the registration of any instrument a fee of 1s. for each separate registration entry in the register, and in respect of every search of the register a fee of 1s.

  7. The register may be searched as aforesaid at any time during office-hours.

Index-books.

  1. In addition to, but separate from, his register, the Registrar shall keep a numerical index-book, a nominal index-book, and a water-rights index-book.

  2. The numerical index-book shall be in the form numbered 54 in the First Schedule hereto, and shall contain, in numerical order of registration as appearing in the register, the specified particulars of all registrations effected after the coming into operation of the Mining Act.

  3. The nominal index-book shall be in the form numbered 55 in the First Schedule hereto, and shall contain, in alphabetical order of surnames of grantors or transferors, as appearing in the register, the specified particulars of all registrations effected after the coming into operation of the Mining Act:

Provided that in any case where, in respect of any registration, the number of grantors or transferors exceeds one, it shall be sufficient if the nominal index-book contains the name first appearing in the register, together with the words “and another,” or “and others,” as the case may be.

  1. The water-rights index-book shall be in the form numbered 56 in the First Schedule hereto, and shall contain the specified particulars of all water-rights registered before or after the coming into operation of the Mining Act in respect of each specified stream in the district.

  2. The index-books shall be compiled from the register, and any person entitled to search the register shall, without further fee, be entitled to search the index-books.

GENERAL PROVISIONS AS TO MINING PRIVILEGES.

  1. The terms, conditions, reservations, and provisions subject to which every mining privilege shall be deemed to be granted and shall be held shall in every case include the following:—

(1.) Every officer or person acting in the administration of this Act, or authorised by the Minister, the Warden, or an Inspector, shall at all times have full and free right of ingress, egress, and regress in respect of the land comprised in such mining privilege, and the mines and mining-works thereon.

(2.) If default for thirty days is made in the full and punctual payment of any rent, royalty, license-fee, or other money payable to Her Majesty in respect of any mining privilege, the Receiver or any person authorised by him may at any time thereafter, without any previous or other notice or demand, enter on such land, mines, and works, or any of them, and distrain all or any machinery, tools, goods, chattels, and other effects of the licensee, there found (excepting nevertheless tools of trade and other personal effects to the total value of £25), and may sell the same, in such manner, at such prices, and on such conditions in all respects as he thinks fit.

(3.) Such sale may be effected either on the land or elsewhere, and to that end the effects distrained may be removed.

(4.) Not less than three days’ previous notice of the time and place of sale shall be given by advertisement in a newspaper printed and published in or nearest to the locality in which the land is situate.

(5.) All moneys received in respect of such sale shall be applied in or towards payment—first, of the costs and expenses of the distraint, removal, and sale, such costs to be fixed and assessed by the Warden in case of dispute; secondly,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1900, No 52





✨ LLM interpretation of page content

🌾 New Mining Regulations under the Mining Act, 1898 (continued from previous page)

🌾 Primary Industries & Resources
18 June 1900
Mining Act, Regulations, Registration, Instruments, Mining Privileges, Liens, Certificates, Index-books, Water Rights