638
THE NEW ZEALAND GAZETTE.
[No. 16

(4.) The duplicate shall be a copy of the original
with the addition of the words,—
“Duplicate, issued this day of
, 19 , in lieu of the original,
which has been lost [or destroyed].
“A.B.,
“Registrar.”

(5.) The application may be disposed of summarily at any time after it is filed.

(6.) The only fee payable shall be the application fee of 2s.

TIMBER-CUTTING RIGHTS.

As to Holder of Miner’s Right or Mining Privilege

105. The holder of a miner’s right shall, as such holder, and without application to the Warden, be entitled to cut and use for his own domestic purposes, or for the purpose of erecting any building or fence on any mining privilege held by him (but for no other purpose) any timber growing or standing on any available unalienated Crown land open for mining :

Provided that the rights conferred by this section shall not be exercisable in respect of—

(a.) Land comprised in any mining privilege held by any other person ; nor in respect of

(b.) Kauri-trees or any such trees as are reserved by the Warden.

106. The rights by the last preceding clause of these regulations conferred upon the holder of a miner’s right shall, in the case of the holder of a mining privilege, be exercisable by such last-mentioned holder in respect of timber (other than kauri or reserved trees) growing or standing on the land comprised in such mining privilege, or, in so far as suitable timber is not obtainable on such land, then on any other available unalienated Crown land open for mining, nevertheless for the purposes only of his own domestic use, or of the erection of buildings or fences on such first-mentioned land, or the carrying-on of his mining operations thereon.

As to Lands available for the Grant of Timber-cutting Rights by the Warden.

107. The timber-cutting rights hereinafter provided for shall be exercisable only in respect of timber growing or standing on such lands in a district as are defined and specified by the Governor to be areas within which timber-cutting rights may be granted by the Warden exclusively.

Sawmill Licenses.

108. On application in that behalf in the form numbered 65 in the First Schedule hereto the Warden may grant to any person, being the holder of a miner’s right, a sawmill license entitling the licensee during its currency to cut timber (other than kauri-trees or trees reserved by the Warden) growing or standing on the land comprised in the license, and sell or otherwise dispose of the same for any purpose, and with respect to such application and license the following provisions shall apply :—

(1.) The applicant shall mark out the land in the same manner as in the case of a claim, but tree-blazing may be used instead of pegs.

(2.) The application shall be made, filed, and disposed of under such of the provisions of section 165 of the Mining Act and clause 33 of these regulations as are applicable :

Provided that if the land has to be surveyed the Warden may accept as a sufficient survey a sketch-plan by a surveyor, showing approximately the due measurements and locality of the land, the cost of such survey not to exceed £5.

(3.) The area of the land comprised in the application shall not exceed 200 acres.

(4.) There shall be payable in respect of the license an annual acreage-rent at the rate of 1s. per acre.

(5.) There shall also be payable a royalty at the rate specified in the Fourth Schedule hereto in respect of all timber cut pursuant to the license.

(6.) The acreage-rent shall be payable as provided by subsection (j) of section 170 of the Mining Act.

(7.) The royalty shall be payable on the same days as the instalments of rent accruing due after the commencement of the term, and for similar periods :

Provided that the first such payment of royalty shall be due and payable on the same day as the first half-yearly instalment of rent, and be in respect of the royalty for the period elapsing between the date of the license and such day :

Provided further that all sums paid in respect of royalty for any period shall, to the extent of the rent payable, be deemed to be in or towards satisfaction of such rent.

(8.) The license may be in the form numbered 66 in the First Schedule hereto.

109. The conditions subject to which a sawmill license shall be deemed to be granted, and shall be held, shall in every case include the following conditions :—

(1.) The licensee shall, within six months after the date of his license, provide and fit up, either upon the land comprised therein, or on some other site approved by the Warden, a substantial and fully equipped sawmill plant, including all the necessary buildings thereto appertaining ; and also shall at all times thereafter during the currency of the license keep such plant in continuous working operation cutting timber from said sawmill license, unless valid and satisfactory reasons can be given to the Warden for any temporary stoppage.

(2.) If such plant is not already provided and fitted up when the license is granted, the Warden shall require the licensee to give security to his satisfaction that it will be provided and fitted up within six months thereafter.

(3.) Except for the purpose of constructing the sawmill, and any tramway or other work in connection therewith, the licensee shall not cut or sell or otherwise dispose of any timber on the land until the sawmill is in full working operation.

(4.) If at any time the mill is closed for a longer time than the Warden thinks necessary or reasonable, he may give the licensee notice in writing to resume work within the period (not exceeding one month) named in the notice.