Feb. 18.] THE NEW ZEALAND GAZETTE. 635

him from liability for any damage actually done by him whilst on the land.

(8.) The fact of rent being payable under a license shall not be deemed to confer upon the licensee any estate in the land comprised in the license.

(9.) Licenses for mining privileges not entitling the licensee to win gold, metals, or minerals from the land comprised therein, may be granted by the Warden in respect of so much of the surface or subsoil of the land comprised in any mining privilege entitling the holder to win gold, metals, or minerals therefrom as in the Warden’s opinion is not required by such holder for the purposes of his mining operations, or the reasonable exercise of his other rights as such holder:

Provided that the license shall be granted subject to such conditions as the Warden thinks fit to impose in order to prevent such mining operations or the reasonable exercise of such rights being unduly hampered or interfered with by the licensee in acting under the license, and shall in every case be deemed to be granted subject to the condition that in the event of the surface being at any time required by such holder for the purposes of his mining operations, he may, with the previous authority in writing of the Warden, enter upon and use the same or any specified portion thereof, or the subsoil thereof, upon such terms and conditions as the Warden thinks fit, and upon paying or making provision for the payment of full compensation to such licensee for all damage thereby caused to his buildings, improvements, or mining-works on the land.

(10.) Licenses for mining privileges entitling the licensee to win gold, metals, or minerals from the land comprised therein may be granted by the Warden in respect of land held as mining privileges not entitling the holder to win gold, metals, or minerals from the land comprised therein:

Provided that the license shall be granted subject to such conditions as the Warden thinks fit to impose in order to prevent such holder being unduly hampered or interfered with in the reasonable exercise of his rights as such holder, and shall in every case be deemed to be granted subject to the following conditions:—

(a.) That, except with the previous authority in writing of the Warden and upon paying or making satisfactory provision for the payment of full compensation to such holder for all damage thereby caused to the surface of the land, or to such holder’s buildings, improvements, or mining-works on the land, the licensee will not, in acting under the license, enter upon or disturb the surface of the land or carry on mining operations within such distance of the surface as the Warden prescribes; and also

(b.) That such holder shall be entitled to receive full compensation from such licensee for all damage done to the surface of the land, or to such holder’s buildings, improvements, and mining-works thereon, by the licensee in acting under the license.

(11.) In every case where, pursuant to subsection (e) of section 212 of the Mining Act, any person ceases to have any right or title to the thereinmentioned improvements, such improvements, if on private land, shall follow the title to such land, and if on other than private land shall be deemed to belong to His Majesty, but in the latter case may, whilst existing on the land, be used by any person who takes up a mining privilege on the land: Provided that such user shall be only for the purposes of such mining privilege.

92. Except where authorised by or under the Mining Act, or the regulations thereunder, or the order of the Warden, no person shall—

(1.) Deposit any earth, stones, tailings, or other substance in the bed of any watercourse so as to obstruct the flow of water therein to the injury of any other person; nor

(2.) Damage or otherwise interfere with any mining privilege held by any other person, or the buildings, works, or machinery thereon; nor

(3.) Deposit upon any mining privileges, other than his own, any earth, stones, tailings, or other substance; nor

(4.) Back the water of any watercourse upon any mining privilege other than his own, or otherwise cause the same to be flooded or injured; nor

(5.) Remove from any workings any props, timber, or other structures, so as to endanger the claim or rights of any other person; nor

(6.) Allow any timber which he has felled to remain for more than twelve hours upon or in any road, street, path, or watercourse, or upon any land other than his own.

(7.) Remove, deface, or alter any peg, mark, or notice set up by any other person in accordance with the Mining Act or the regulations thereunder.

93. Where the holder of a mining privilege discharges or deposits tailings therefrom outside the boundaries thereof or of his special site for the deposit of tailings, his right to such tailings shall be deemed to be abandoned.

ADDITIONAL PROVISIONS FOR THE SAFETY OF LIFE AND PROPERTY IN CONNECTION WITH MINING OPERATIONS.

Additional General Rules.

94. In addition to the general rules prescribed by section 255 of the Mining Act, the following general rules shall, as far as practicable, be observed in every mine:—

(1.) The extent of ventilation to be prescribed under subsection (1) of section 255 of the Mining Act shall be at the rate of not less than 100 cubic feet of air per minute for every person, and 600 cubic feet of air per minute for every horse or other animal, whilst employed under ground: