Jan. 10.] THE NEW ZEALAND GAZETTE. 85

Appointing Commission to inquire and report generally in respect to the Constituting and Setting-apart of Watercourses in the Land Districts of Marlborough, Nelson, and Westland as Watercourses for the Discharge of Tailings and Waste Water produced by Mining Operations.

To all to whom these presents shall come, and to CHARLES WILLIAM ADAMS, Esquire, Commissioner of Crown Lands for the Land District of Marlborough; THOMAS HUMPHRIES, Esquire, Commissioner of Crown Lands for the Land District of Nelson; WILLIAM GEORGE MURRAY, Esquire, Commissioner of Crown Lands for the Land District of Westland; FREDERICK ROBERT FLATMAN, Esquire, Member of the House of Representatives; and HENRY ANDREW GORDON, Esquire, of Auckland, Mining Engineer: Greeting.

WHEREAS applications under section one hundred and fifty-two of “The Mining Act, 1891,” and section one hundred and eight of “The Mining Act, 1898,” have been made from time to time for the issue of Proclamations constituting and setting apart the watercourses enumerated in the First and Second Schedules hereto to be watercourses for the discharge of tailings and waste water produced by or resulting from mining operations, and other the purposes specified in those sections: And whereas in the case of the watercourses enumerated in the First Schedule hereto, notice of the receipt of the applications has been duly published as required by the said Acts, and all the claims for compensation, as provided by the said Acts, have been served upon the Minister of Mines, and no further claims can be made: And whereas in the case of the watercourses enumerated in the Second Schedule hereto, notice of the receipt of the applications has not yet been published as aforesaid, and consequently the claims for compensation have not yet been made: And whereas there are other watercourses in the Land Districts of Marlborough, Nelson, and Westland which, in the interests of the mining industry, it may be desirable to constitute and set apart by Proclamation to be watercourses for the purposes aforesaid: And whereas it may be desirable, in lieu of paying compensation, to compulsorily take, as provided by subsection two of section one hundred and thirteen of “The Mining Act, 1898,” the whole or portions of the lands that may be damaged or injuriously affected by reason of the operation of the respective Proclamations:

Now, therefore, know ye that I, Uchter John Mark, Earl of Ranfurly, Governor of the Colony of New Zealand, reposing trust and confidence in your knowledge, integrity, and ability, and by the advice and consent of the Executive Council of the said colony, do hereby constitute and appoint you, the said

CHARLES WILLIAM ADAMS,
THOMAS HUMPHRIES,
WILLIAM GEORGE MURRAY,
FREDERICK ROBERT FLATMAN, and
HENRY ANDREW GORDON,

to be Commissioners for the purpose of making inquiry into the matters hereinbefore referred to, and into the several other matters mentioned in these presents, that is to say:—

1. As to whether it is expedient that any, and, if any, then which, and in each case what part, of the respective watercourses enumerated in the First and Second Schedules hereto should be proclaimed as aforesaid.

2. As to whether it is expedient, or is likely to become expedient, that any other watercourses in the Land District of Marlborough, Nelson, or Westland, and, if any, then which, and in each case what part thereof, should be proclaimed as aforesaid.

3. In the case of each of the watercourses enumerated in the First and Second Schedules hereto, and in the case also of any other watercourses in either of the land districts aforesaid as to which it is, in your opinion, expedient, or likely to become expedient, that the same should in whole or in part be proclaimed as aforesaid, to make inquiry into the matters following:—

(a.) What lands are likely to be damaged or injuriously affected, and to what extent, by the operation of the Proclamation if the same is issued.

(b.) What claims for compensation have been made or are likely to be made in respect thereof, and the amount to which, in your opinion, the claimant would be reasonably entitled in cases where claims have been made, and, in cases where no claims have been made, but where damage or injury is likely to occur, the amount of compensation likely to be required to cover the same.

(c.) In what cases it would be expedient to compulsorily take the land in lieu of paying compensation, having regard to the nature and extent of the damage or injury to the land, the amount of compensation claimed or likely to be claimed, and the amount to which, in your opinion, the claimant would be reasonably entitled.

4. To ascertain and specifically show in each case of damage or injury whether any riparian rights exist, and, if so, then to what extent the damage or injury, and the compensation in respect thereof, are due to the existence of such rights or are irrespective of such rights.

5. Generally to make inquiry into any matter or thing arising out of or connected with the several subjects of inquiry hereinbefore mentioned, or which in your opinion may be of assistance in fully ascertaining, explaining, or assisting in arriving at a fair and just conclusion in respect to the subjects of inquiry or any of them, or any part thereof: Provided always that, in determining as to any specified watercourse whether it should or should not be proclaimed as aforesaid, you shall have regard to the following considerations in the event of the Proclamation being issued:—

(a.) The resulting benefit to the mining and other industries, and the resulting injury to the agricultural and other industries.

(b.) The sum that will probably be required to settle claims for compensation or take lands compulsorily.

And for the better enabling you to carry these presents into effect you are hereby authorised and empowered to make and conduct any inquiry under these presents at such place or places in the said colony as you deem expedient, and to call before you and examine on oath or otherwise, as may be allowed by law, such person or persons as you think capable of affording you information in the premises; and you are also hereby empowered to call for and examine all such books, documents, papers, maps, plans, or records as you deem likely to afford you the fullest information on the subject of this Commission, and to inquire of and concerning the premises by all other lawful ways and means whatsoever.

And it is hereby declared that this Commission is issued under and subject to the provisions of “The Commissioners’ Powers Act, 1867,” and its amendments; and, lastly, that, using all diligence, you do report to me under your hands and seals your opinion resulting from the said inquiries in respect to the several matters and things inquired into by you under or by virtue of these presents not later than the thirty-first day of March next ensuing.

And it is hereby declared that this Commission shall continue in full force and virtue although the inquiry be not regularly continued from time to time by adjournment, and that you and any two of you shall and may from time to time proceed to the execution thereof, and of every power, matter, or thing herein contained: Provided that you, the said Charles William Adams, shall only be required to inquire and report in respect to watercourses within the Land District of Marlborough; and you, the said Thomas Humphries, in respect to watercourses in the Land District of Nelson, excepting the Grey River and its tributaries; and you, the said William George Murray, in respect to watercourses in the Land District of Westland, including the Grey River and its tributaries.

FIRST SCHEDULE.

German Gully Creek. | Stillwater Creek.
Callaghan’s Creek. | Grey River.
Totara River, near Charleston. | Spring Creek.
Boatman’s Creek. | Noble’s Creek.
Baton River. | Orwell Creek.
Ahaura River. | Bartlett’s Creek.
Main Totara River. | Orawaiti River.
Branch Totara River. | Hokitika River.
Inangahua River. | Motueka River.
Walker’s Creek. | Pattinson’s Creek.

SECOND SCHEDULE.

Waimangaroa River. | Waimea Creek.

In witness whereof I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, acting by and with the advice of the Executive Council of the said Colony, have hereunto set my hand and have caused these presents to be issued under the Seal of the said Colony, at Wellington, in the said Colony, this seventh day of January, in the year of our Lord one thousand nine hundred and one.

RANFURLY, Governor.

By his Deputy,
JAMES PRENDERGAST.

Issued in Executive Council.
ALEX. WILLIS,
Clerk of the Executive Council.