630
THE NEW ZEALAND GAZETTE.
No. 16

or hold a lease of more than one section; and if any lease is knocked down to any person who has already leased a section such sale shall be void, and the lease shall be again put up to auction.

(g.) For the purposes of the last preceding paragraph a husband and wife shall be deemed to be one person, unless lawfully living apart under a decree of judicial separation or protection order.

(2.) The amount deposited in respect of the cost of survey and preparation of the lease shall be paid by the Receiver into the Public Account.

(3.) The lease may be in the form numbered 104 in the Ninth Schedule hereto, or as near thereto as circumstances will admit, and with such modifications and additional terms and restrictions as the Governor in the case of each lease thinks fit to impose, and may be signed by the Warden for and on behalf of His Majesty.

(4.) The lease shall be subject to all the provisions of the Mining Act and its amendments, and regulations thereunder, relating to the forfeiture and abandonment of residence-sites and to the recovery of rent in arrear, and such provisions shall be deemed to be incorporated herein and to form part of the conditions of the lease.

(5.) Not less than thirty days’ notice of the conditions of sale and of any special terms and conditions intended to be inserted in each lease shall be given by advertisement.

(6.) Where an auction of township or suburban sections is held and any lot remains unsold, a lease thereof may at any time within two years from the date of the auction be granted, with the approval of the Warden, to any qualified applicant, at the upset rental named at such auction.

(7.) The section leased shall, within twelve months from the date of the lease, be substantially fenced.

(8.) At the expiration of the term of the lease the section shall, unless required by the Crown, be again put up for auction, but weighted with the value of the buildings and other improvements then existing thereon, ascertained by valuation under section 41 of the Mining Act; but in no case shall any right of valuation exist as against the Crown.

MISCELLANEOUS MINING PRIVILEGES.

55. In addition to the mining privileges specifically provided for by the Mining Act, licenses may be granted for mining privileges of any of the following descriptions:—

(1.) Branch races, for the distribution of water already diverted by means of a race;

(2.) Flood-races and by-washes, for the carrying-off of flood or surplus water;

(3.) Diversion of streams;

(4.) Tunnels, roads, and bridges; and

(5.) Such other descriptions of mining privileges in respect of water or land as the Warden thinks necessary for facilitating mining operations, or effectuating the purposes of the Mining Act.

56. The terms and conditions upon which the aforesaid licenses may be granted, and shall be deemed to be held, shall in every case include such terms and conditions, not inconsistent with the Mining Act and these regulations, as the Warden thinks fit to impose when granting the license; and, in the case of a road or bridge, the license therefor shall be deemed to be granted subject to the condition that the licensee shall not be entitled to the exclusive use of the road or bridge, but the same shall be open to the full and free use of the public:

Provided that where the licensee has expended money in forming or maintaining the road or bridge and the holder of any other mining privilege uses the same for the purpose of obtaining ingress to or egress from such mining privilege, every such holder shall be liable to pay to the licensee a reasonable proportion of such expenditure, and, if the parties concerned cannot agree as to the amount of such proportion, the same shall be determined by the Warden and two Assessors on the application of any of the parties in like manner and subject to the like provisions as in the case of a claim for compensation.

SURRENDER OF MINING PRIVILEGES, WHETHER ABSOLUTELY OR FOR PURPOSES OF EXCHANGE OF TITLE OR AMALGAMATION OF CLAIMS.

57. With respect to the surrender of mining privileges, whether absolutely or for purposes of exchange of title or amalgamation of claims, the following provisions shall apply:—

(1.) The application need not be publicly notified by advertisement nor posted on the mining privilege unless the Warden otherwise directs.

(2.) Where the surrender is for purposes of exchange of title or amalgamation of claims, the consent of the Minister, under subsection (x) of section 165 of the Mining Act, to the license for the corresponding mining privilege or the amalgamated claim shall be necessary in the cases therein mentioned.

(3.) The license for the corresponding mining privilege or amalgamated claim shall be in the ordinary form, with the addition of a memorandum to be noted or indorsed on the license under the hand of the Warden and the seal of the Court, specifying—

(a.) The fact that the license is issued in exchange for a surrendered mining privilege, or, as the case may be, in amalgamation of surrendered claims, and the name, description, and registered number of the surrendered privilege or claims;

(b.) The priorities, encumbrances, liens, and interests referred to in subsection (h) of section 155 of the Mining Act;

(c.) Such other particulars as the Warden thinks fit.

(4.) Such memorandum may be in such one of the forms numbered 39 or 40 in the First Schedule hereto as is applicable.

(5.) The instrument of title to every surrendered mining privilege shall be delivered up to the Warden, who shall note or indorse thereon, under his hand and the seal of the Court, a minute of the surrender in the form numbered 41 in the First Schedule hereto:

Provided that, if the instrument of title has been lost, the Warden, upon satisfactory proof of loss, may dispense with its production, and in such case the minute of surrender may be by separate instrument in the form numbered 42 in the First Schedule hereto.

(6.) The minute of surrender shall be registered and filed by the Registrar.

(7.) The declaration of loss may be in the form numbered 43 in the First Schedule hereto.