Mining Regulations




Feb. 18.] THE NEW ZEALAND GAZETTE. 621

expenses connected with the application, and shall for the same purpose forward to the Minister such further sums as and when the Minister requests.

(2.) The Minister shall, on behalf of the Governor, cause the application to be notified, inquired into, and dealt with as he thinks fit, and for that purpose he may authorise any Warden, Commissioner of Crown Lands, or other fit person to hear the same and all or any objections thereto.

(3.) For the purposes of the last-preceding subclause hereof the person authorised as aforesaid shall have all the powers and jurisdiction of a Warden, save that in lieu of deciding the application himself he shall report thereon to the Minister.

  1. In the case of prospecting warrants or licenses relating to other than Native land, the application shall be dealt with under such of the provisions of section 165 of the Mining Act, and the regulations relating thereto, as are applicable.

  2. With respect to the renewal of tunnel prospecting licenses, the following provisions shall apply:—

(1.) The licensee desiring the renewal shall, not more than two months nor less than one month before the expiry of the current term, make application for the renewal to the Governor in the case of Native land, or the Warden in the case of other than Native land.

(2.) The application may be in the form numbered 44 in the First Schedule hereto, with all necessary modifications.

(3.) The renewal shall not be granted unless the Governor in the case of Native land, or the Warden in the case of other than Native land, is satisfied that all the conditions of the license have been faithfully fulfilled by the licensee during the term next preceding the term of the renewal.

(4.) If the renewal is granted it shall be effected by indorsing on the license the words “Renewed for one year from the day of , 19 ,” being the date of the expiry of the previous term, under the hand of the Minister on behalf of the Governor in the case of Native land, or under that of the Warden in the case of other than Native land.

  1. Every prospecting license, or renewal of a tunnel prospecting license, shall, before the issue thereof, be transmitted to the Registrar, who shall register the same, and then issue the same to the person entitled thereto, upon being satisfied that the license or renewal fee, and all survey fees and advertising and other expenses, have been duly paid, and all bonds (if any) duly completed and filed in Court.

  2. A prospecting warrant shall, whilst it continues in force, confer upon the holder thereof the same non-exclusive right of prospecting on the land to which it relates as by section 69 of the Mining Act the holder of a miner’s right possesses in respect of Crown land; but, as in the case of a miner’s right, so also in the case of a prospecting warrant, the mere fact of his being the holder thereof shall not confer upon him any rights as against any person who takes up a claim on the land, or acquires a license for any other mining privilege in respect thereof. Provided that nothing herein contained shall apply to a mineral prospecting warrant.

  3. The priority of right which by subsection (k) of section 73 of the Mining Act is conferred upon the holder of a prospecting license shall be exercisable in the manner and subject to the conditions following, that is to say,—

(1.) The holder or any other person may at any time apply for a license for any mining privilege in respect of the whole or any portion of the land comprised in the prospecting license, and the Warden, if and when he grants the application, shall cancel the prospecting license:

Provided that, if the mining privilege is in respect of less than the whole of the land comprised in the prospecting license, the Warden, in lieu of canceling the prospecting license altogether, may in his discretion cancel it merely as to so much of the land as is comprised in such mining privilege.

(2.) If the application for the mining privilege is made by any other person than the holder of the prospecting license, the application shall not be granted unless the Warden is satisfied that the holder has been notified thereof and does not object thereto, or, if objecting thereto, has not, within ten days after receipt of such notification, himself made application.

(3.) If such last-mentioned application is made it shall have priority.

Mineral Prospecting Warrants and Mineral Leases.

  1. Rent under Mineral Prospecting Warrants.—The rent payable under a mineral prospecting warrant shall be 1d. an acre per annum for the first two years, 2d. for the third year, 3d. for the fourth year, and 6d. for the fifth year.

  2. Rent under Mineral Leases.—The rent payable under a mineral lease granted under section 81 of the Mining Act shall be 2s. 6d. an acre or part of an acre per annum for the first two years, and 5s. an acre or part of an acre per annum for the remainder of the term; but, should the prescribed royalty exceed the amount of rent in any one year, such rent shall for that year cease.

  3. Royalty under Mineral Leases.—The royalty payable under a mineral lease shall be one twenty-fifth of the value of the mineral at the pit’s mouth, and such value shall be fixed before a lease is issued.

  4. Labour under Mineral Prospecting Warrants.—Within three months after the issue of a mineral prospecting warrant the holder shall keep employed upon or in connection with the area comprised in the warrant at least four workmen for every area of 1,000 acres or under, and one additional workman for every 500 acres or part thereof in excess of 1,000 acres.

  5. Reports and Statements of Expenditure to be furnished.—The holder of a mineral prospecting warrant shall every six months transmit to the Mining Registrar, at the Warden’s office from which the warrant was issued, a statement, verified by statutory declaration, of the amount expended during the preceding six months under the mineral prospecting warrant, together with a short report of the nature of the prospecting operations during the same period. All such statements and reports shall be filed by the Registrar.



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VUW Te Waharoa PDF NZ Gazette 1907, No 16





✨ LLM interpretation of page content

🌾 Revocation and Replacement of Mining Regulations under the Mining Act 1905 (continued from previous page)

🌾 Primary Industries & Resources
18 February 1907
Mining regulations, Miners' rights, Postmasters, Prospectors, Native land, Applications, Fees