Mar. 19.] THE NEW ZEALAND GAZETTE. 793

regulations under which pastoral licenses may be granted within such portions of the boundaries of the Hauraki Mining District as lie within the Counties of Coromandel, Thames, and Ohinemuri.

REGULATIONS.

Interpretation: In these regulations, unless inconsistent with the context, the word “licensee” includes “his heirs and assigns.”

1. Application may be made for any of the Crown lands within such portions of the Hauraki Mining District as lie within the Counties of Coromandel, Thames, and Ohinemuri, excepting timber and other public reserves, and the areas described in the Schedule attached hereto.

2. The area which may be applied for under these regulations shall not be less than 100 acres nor exceed 1,000 acres, and shall entitle the holder thereof to the exclusive right of pasturage over the lands specified therein, but shall give no right to the soil, or timber, or minerals.

3. The Commissioner of Crown Lands for the Land District of Auckland may, with the approval of the Land Board, grant not more than one pastoral license under these regulations to any person of the age of seventeen years and upwards who may apply for the same.

4. Annual rent payable under the license shall be a sum to be fixed by the Land Board of the Auckland Land District (hereinafter referred to as “the Land Board”), but shall not be less than 3d. per acre, payable half-yearly in advance to the Receiver of Land Revenue, Auckland, together with the lease fee of £1.

5. Term of license to be twenty-one years, and upon the expiration of the term it shall be competent for the Land Board to grant a renewal for twenty-one years over the whole or part of the area comprised in the license, upon such terms as they think fit, subject to the Warden’s approval, and section 207 of “The Land Act, 1892.” Such license shall be issued subject to the terms and conditions, as nearly as may be, contained in section 199 of the said Act.

6. No deposit of survey fees required, except in any exceptional case which shall be determined by the Land Board, who shall also fix the amount of deposit, which shall not exceed 1s. 6d. per acre. Pastoral areas to be defined where possible by ridge or other natural boundaries already determined by the mining surveys made for mining claims.

7. The licensee shall have the right to the use of the surface soil only of the demised land, for the purpose provided for in his license, as already set forth in Regulation No. 2.

8. The licensee shall have no right, either himself or through any other person, to fell, cut, sell, remove, or otherwise dispose of any kauri, totara, puriri, matai, rimu, mangeao, pohutukawa, or other reserved trees being on the land included in his license, except in conformity with the regulations under the Mining Acts for the time being in force.

9. The licensee shall not be entitled to fell, cut, or remove any timber growing on the land comprised in his license except for his domestic use, or for fencing or clearing for cultivation, and no trees exceeding 2ft. in diameter are to be cut down without the special permission of the Warden.

10. The licensee shall by virtue of his pastoral license acquire no rights to mine for gold, silver, or any other metals or minerals whatsoever, without first obtaining the sanction of the Warden in the manner provided for by the mining laws.

11. The holders of miners’ rights shall have the right to prospect over the whole area held under pastoral license, and for that purpose to enter and camp thereon, and to use mining timber (not being reserved trees) and firewood growing thereon, so long as they are legitimately engaged in prospecting; but any prospecting carried on upon the cultivated area surrounding the dwelling of the licensee, as limited by condition 13 hereof, shall be subject to the provisions of sections 72 and 73 of “The Mining Act, 1898.”

12. The Warden shall have the right to grant any mining privilege or easement in and over the land comprised in a pastoral lease, subject to the compensation for improvements as provided for in “The Mining Act, 1898,” and its amendments.

13. No previous consent shall be required from the licensee to enable the Warden to grant any application which may be lawfully made to him under the Mining Act or regulations for the time being in force in and over the lands comprised in a pastoral license, unless the applicant encroaches upon the area containing the dwellinghouse or immediately surrounding the same, provided the dwelling is of a substantial nature, the land in cultivation, and surrounded by a substantial fence. For the purpose of this proviso, and for the purpose of condition 11 hereof, the area to be protected to the licensee around his dwelling shall be 15 acres: Provided, however, in all cases where the area which otherwise would be protected is not cultivated or substantially fenced, then so much only of the area as is substantially fenced or cultivated shall be protected.

14. The Warden shall have the power from time to time to make such reserves as he may deem necessary, and the same shall thereupon be excluded from the land comprised in a pastoral license, and rent shall be proportionally reduced as set forth in Regulation No. 16; and the Warden may do all such other things as may in his opinion be of benefit to the resident community, or may in any way conduce to the advancement of the mining industry or of the persons engaged therein.

15. The Crown and the local bodies shall have the right to survey and take all lands necessary for the construction of roads on the demised pastoral lands, and compensation only for the value of substantial improvements made by the licensee will be paid in case of land resumed for public purposes.

16. For all land resumed for public or mining purposes a reduction proportionate to the acreage resumed on future annual rentals shall be made.

17. Applications to transfer a license under these regulations shall be made to the Commissioner of Crown Lands, and shall be subject to the approval of the Land Board. No transfer will be allowed until permanent improvements have been effected to the value of 2s. per acre upon the area held under the license. Such permanent improvements shall include reclamation from swamps, clearing of bush and scrub (not required by the Warden for mining purposes, or of trees of a specified size, as in Regulation No. 9), gorse, broom, or sweetbriar, grassing, cultivation, planting with trees and live hedges, the laying-out and cultivating of gardens, fencing, grassing, draining, making roads, sinking wells or water-tanks, sheep-dips, making embankments or protective works of any kind, in any way improving the character or fertility of the soil, or the erection of any building at lessee’s option upon the protected area of 15 acres, as described in Regulation No. 13.

18. Forfeiture of all licenses may ensue if payment of rental is not made within three months of the date it is due, or if the licensee fails to effect substantial improvements to the value of 2s. per acre within three years from the date of the license.

19. All existing pack-tracks, whether surveyed or not, to remain available for public use, and where the licensee fences across the same a swing-gate must be provided to the satisfaction of the Warden.

20. Every holder of a miner’s right shall have the right of ingress and egress over the whole area of a pastoral license excepting so much thereof as may be under cultivation and substantially fenced, as provided in paragraph 13 of these regulations.

21. All water-rights are reserved to the Crown, but not so as to deprive the licensee’s stock of access to the water on his holding.

22. All lands held under these regulations remain subject to clauses 3 and 11 of “The Kauri-gum Industry Act, 1898,” and amendments.

Schedule.—Areas excluded from Application under the Regulations for the Occupation of Pastoral Lands within the Hauraki Mining District.

Coromandel Township: An area comprised within a radius of one and a half miles from the Post-office, Upper Township.

Tokatea Township: An area comprised within a radius of one and a half miles from the public school.

Kuaotunu Township: An area comprised within a radius of one and a half miles from the junction of the Kuaotunu and Waitai Roads.

Gumtown: An area comprised within a radius of one mile from the Post-office.

Tairua: An area comprised in a radius of one mile from the Post-office.

Tararu: An area comprised within a radius of one and a half miles from the Post-office.

Whangamata: An area comprised within a radius of one mile from the Mananu battery.

Maratoto: An area comprised within a radius of one mile from the junction of the Maratoto and Waipaheke Streams.

Waitekauri: An area comprised within a radius of one and a half miles from the Waitekauri Post-office.

Mackaytown: An area comprised within a radius of one and a half miles from the Post-office.

Karangahake: An area comprised within a radius of one and a half miles from the Post-office.

Waikino: An area comprised within a radius of one mile from the Post-office.

Waihi: An area comprised within a radius of two miles from the Post-office.

As witness the hand of His Excellency the Governor, this fourteenth day of March, one thousand nine hundred and three.

T. Y. DUNCAN,
Minister of Lands.

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