628
THE NEW ZEALAND GAZETTE.
[No. 16

(2.) After receiving such last-mentioned report, the Warden may from time to time make such orders concerning the construction of the dam as he thinks fit, and it shall be the duty of the licensee of the dam to comply therewith.

42. The cost of such inspection and reports, and of preparing such plans and specifications, shall be borne by such persons and in such proportions as the Warden may order.

43. The Warden may, either before or after granting any application for a dam, specify a distance therefrom within which mining or other specified operations shall not be carried on, and may also from time to time vary such specification, on application of either the holder of the dam or any other person bona fide carrying on or proposing to carry on mining or other operations in proximity to the dam.

44. On the application of any person or local authority likely to suffer damage or injury by the unfitness, disrepair, or weakness of any dam, the Warden may order the same to be inspected by any duly qualified engineer or surveyor, and, after hearing the holder of the dam and all parties interested, may make such order for the repair or strengthening of the dam, or otherwise, and upon such terms as to costs and otherwise (including the expenses of the inspector), as he thinks fit.

General.

45. Where any race is so constructed as to cross any stream from which the holder of the race has no right or license to divert water, and such construction might prejudicially affect the rights of any person, the race shall be well and efficiently constructed either under or over such stream so as not to interfere with the free flow of all the water naturally pertaining thereto, and flowing past the point of intersection.

46. In respect of water-race licenses, the priority of right to water shall, as between licensees diverting water out of the same watercourse, be counted from the precise time and date of marking out of the same, which shall in all cases be recorded in the register and on the license: Provided that this clause shall not operate to affect the priority existing in the case of a water-race license granted under the Mining Act in exchange of title under any former Mining Act.

47. (1.) Every water-race license shall have specified therein every point of intake, and no licensee of a water-race shall, without the written order of the Warden (to be applied for as provided in Regulation 33 hereof), alter any point of intake, or use for diverting the water any other race than the race specified in the license.

(2.) Before granting such application the Warden may require all the water which, if it were not diverted, would naturally flow in the watercourse between the said races or points of intake to be gauged for the purpose of determining as nearly as may be the extent to which the volume is increased from natural causes between such races or points of intake, and may require the applicant to surrender as many heads of water as are equal to such increase of volume.

48. The licensee of a water-race shall at all times maintain the race in such condition and with such capacity as to carry the number of sluice-heads authorised to be diverted.

49. The licensee of any mining privilege in respect of water shall not allow any water which he is entitled to divert to run to waste, but, on the contrary, such water shall be bona fide taken, diverted, and used in terms of the license, and not otherwise.

50. (1.) Every licensee entitled to divert water from a watercourse shall place a gauge-box in his race within seven days after receiving a written notice so to do from any other licensee entitled to divert water from such watercourse. Where there is only one point of intake the gauge-box shall be placed immediately below such point, but where there are several points of intake the gauge-box shall be placed immediately below the last of such points.

(2.) Water may be gauged in manner described in the Third Schedule hereto.

TRAMWAYS.

51. (1.) In every case where the proposed course of a tramway crosses or runs along a road or street, the provisions of sections 204 and 205 of the Mining Act shall apply.

(2.) The holder of a license for a tramway shall not be entitled to carry on the tramway passengers or goods for hire except at such scale of fares and freight, and subject to such provisions for the safety of life and property, as have been submitted to and approved by the Minister.

(3.) The license for a tramway shall in every case be deemed to be granted subject to the condition that the licensee will, at his own cost, from time to time provide, and at all times thereafter maintain to the satisfaction of the Warden, a sufficient crossing-place over the line of the tramway at every point in its route where, in the opinion of the Warden, a crossing-place is reasonably required for public or private convenience.

LEASES IN MINING TOWNSHIPS UNDER SECTION 44 OF THE MINING ACT.

52. (1.) Any holder of a miner’s right may apply to the Warden for a lease of the surface of any land in any mining township.

(2.) Every application for a lease shall be made in writing to the Warden, in the form numbered 100 in the Ninth Schedule hereto, and shall contain a statement of the situation of the land and the area applied for, the number of the section, if the land is a surveyed section, and the purposes for which the same is to be used.

(3.) The Warden shall have power to grant a lease of the surface of any such land as aforesaid under these regulations, notwithstanding that the land applied for may be held as a claim under the Mining Act.

(4.) If the land applied for is not a surveyed section, or only part of a surveyed section, the application shall be accompanied by a deposit of £3 to cover the expenses of surveying the same, and after the application has been finally dealt with there shall be refunded to the applicant any unexpended or unrequired balance remaining of the said deposit. Should, however, the survey cost more than the amount deposited, the applicant must pay the difference before a lease is issued to him.

(5.) The Warden, or the Mining Registrar, shall appoint a day for hearing the said application, such day to be not less than one month after the filing of the application.

(6.) On the day on which the application is filed, or as soon thereafter as is practicable, the applicant shall serve a copy of the application, showing thereon the date appointed for hearing the application, upon all adjoining owners or occupiers, and upon all persons