1152
THE NEW ZEALAND GAZETTE.
[No. 52

in or towards payment of the rent,
royalty, license-fee, or other money in
respect whereof the distraint was made;
and the surplus, if any, shall be pay-
able to the licensee, or other the person
entitled thereto.

(6.) The foregoing right of distraint, removal,
and sale may be exercised irrespective
of and without prejudice to any other
right, remedy, or power conferred by
the Mining Act in respect of the non-
payment of rent, royalty, license-fee, or
other moneys payable to Her Majesty
under the license.

(7.) The holder of a mining privilege shall not
as such holder—
(a.) Have any riparian rights in re-
spect of any watercourse on or adjoining
the land comprised in the mining privi-
lege; nor
(b.) Have any right or remedy what-
soever against any person in respect of
the discharge of tailings, débris, or waste
water into any watercourse by such
person in the lawfully carrying-on of
his mining operations; nor
(c.) Have any right or remedy what-
soever which would prevent any person
from freely using for the purpose of
transit any natural waterway on or
adjoining the mining privilege, but so
nevertheless that such user does not
unduly interfere with any mining opera-
tions lawfully carried on in the waterway
by the holder of the mining privilege,
and also that where such operations
are carried on by means of a dredge,
and such user cannot conveniently be
exercised without removing the dredge
or its moorings, the holder of the mining
privilege shall remove the same with all
reasonable diligence, and at his own
cost in all things; nor
(d.) Have any right or remedy what-
soever which would prevent any person
from freely using for purpose of ingress,
egress, or regress, with or without horse
and vehicles, at all reasonable hours,
such portion of the surface of the land
comprised in the mining privilege (not
being a residence-site or a business-site)
as is not being actually occupied by the
holder of the mining privilege as a site
for his plant, buildings, or mining-works,
or as is not being actually used by him
for his mining operations:
Provided that nothing in this para-
graph shall authorise any person to
loiter about or interfere with such plant,
buildings, works, or operations, or shall
relieve him from liability for any damage
actually done by him whilst on the land.

(8.) The fact of rent being payable under a
license shall not be deemed to confer
upon the licensee any estate in the land
comprised in the license.

(9.) Licenses for mining privileges not entitling
the licensee to win gold, metals, or
minerals from the land comprised
therein, may be granted by the War-
den in respect of so much of the surface
or subsoil of the land comprised in any
mining privilege entitling the holder to
win gold, metals, or minerals therefrom
as in the Warden’s opinion is not

required by such holder for the pur-
poses of his mining operations, or the
reasonable exercise of his other rights
as such holder:
Provided that the license shall be
granted subject to such conditions as
the Warden thinks fit to impose in
order to prevent such mining opera-
tions or the reasonable exercise of such
rights being unduly hampered or inter-
fered with by the licensee in acting under
the license, and shall in every case
be deemed to be granted subject to the
condition that in the event of the sur-
face being at any time required by
such holder for the purposes of his
mining operations, he may, with the
previous authority in writing of the
Warden, enter upon and use the same
or any specified portion thereof, or
the subsoil thereof, upon such terms
and conditions as the Warden thinks
fit, and upon paying or making pro-
vision for the payment of full compen-
sation to such licensee for all damage
thereby caused to his buildings, improve-
ments, or mining-works on the land.

(10.) Licenses for mining privileges entitling
the licensee to win gold, metals, or
minerals from the land comprised
therein may be granted by the Warden
in respect of land held as mining
privileges not entitling the holder to
win gold, metals, or minerals from the
land comprised therein:
Provided that the license shall be
granted subject to such conditions as
the Warden thinks fit to impose in order
to prevent such holder being unduly
hampered or interfered with in the
reasonable exercise of his rights as
such holder, and shall in every case be
deemed to be granted subject to the
following conditions:—
(a.) That, except with the previous
authority in writing of the Warden, and
upon paying or making satisfactory pro-
vision for the payment of full compen-
sation to such holder for all damage
thereby caused to the surface of the
land, or to such holder’s buildings, im-
provements, or mining-works on the
land, the licensee will not, in acting
under the license, enter upon or disturb
the surface of the land or carry on
mining operations within such distance
of the surface as the Warden pre-
scribes; and also
(b.) That such holder shall be en-
titled to receive full compensation from
such licensee for all damage done to the
surface of the land, or to such holder’s
buildings, improvements, and mining-
works thereon, by the licensee in acting
under the license.

(11.) In every case where, pursuant to sub-
section (5) of section 170 of the Mining
Act, any person ceases to have any
right or title to the therein-mentioned
improvements, such improvements, if
on private land, shall follow the title
to such land, and if on other than
private land shall be deemed to belong
to Her Majesty, but in the latter case
may, whilst existing on the land, be