✨ Mining Regulations and Procedures
646
THE NEW ZEALAND GAZETTE.
[No. 16
As to Rents, &c., payable to Owner of Land.
- All rents, royalties, and license fees to which the owner of land is entitled under section 59 of the Mining Act shall, when received by the Receiver, be paid by him into his Deposit Account, and there held until he can pay them over to the owner entitled thereto.
As to Receivers.
- In every case where, under the powers in that behalf conferred by section 166 of the Mining Act, the Commissioner of Crown Lands exercises the powers and functions of the Warden and Registrar respectively, the Receiver of Land Revenue of the land district shall exercise the powers and functions of the Receiver of Gold Revenue.
As to Appeals.
- The result of every appeal under section 334 of the Mining Act shall be forthwith communicated to the Clerk of the Court from which the appeal was made, by certificate under the hand of the Clerk of the Appellate Court and the seal of his Court.
Mining Agents.
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All mining agents duly registered under any former Mining Act shall be deemed to be duly registered under “The Mining Act, 1905”; and shall be liable to pay the annual registration fee hereinafter prescribed.
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Any person desirous of being registered as a mining agent under section 331 of the Mining Act shall make application in writing in the Form No. 105 in the Ninth Schedule hereto, which application shall be publicly notified by and at the expense of the applicant by advertisement twice at least in one or more newspapers circulating in the district.
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Such application shall state the particular mining district, or the particular localities within such district, to which the application is intended to relate.
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An application shall not be granted authorising any mining agent to appear in any Warden’s Court held outside the mining district for which he is registered.
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Before granting any application for registration as a mining agent the Warden shall satisfy himself as to the applicant’s knowledge in respect to the general mining law of the colony, particularly treating of the following subjects:—
(a.) The classes of land in respect of which mining privileges may be granted pursuant to the Mining Act.
(b.) Miners’ rights.
(c.) The different classes of mining privileges, and their protection, amalgamation, and exchange, as well as the procedure to be adopted in applying therefor.
(d.) The procedure of the Warden’s Court.
(e.) Forfeiture by decree of the Court.
(f.) Abandonment of mining privileges.
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Every application to be registered as a mining agent, and every application to cancel such registration, shall be publicly heard.
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Immediately on the grant of an application to be registered as a mining agent, the Warden shall issue to the applicant a license in the Form No. 106 in the Ninth Schedule hereto.
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(1.) There shall be payable to the Clerk of the Warden’s Court by every mining agent an annual license fee of £1 1s., payable on the 1st day of January in each year: Provided that if any application for registration is granted after the 1st day of July in any year there shall only be payable in respect of the remainder of that year a fee of 10s. 6d.
(2.) In default of payment for a period of thirty days the agent shall be suspended until the fee is paid.
(3.) All such fees shall be paid to the Receiver of Gold Revenue.
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The registration of any person as a mining agent shall not be cancelled until after a public inquiry, of which due notice is given to all persons concerned. An application to cancel such registration may be in the Form No. 107 in the Ninth Schedule hereto.
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The fees set out in the Tenth Schedule hereto may be allowed to either party in respect of any registered mining agent lawfully appearing and acting in any proceedings under the Mining Act.
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The procedure prescribed by the Mining Act, and these regulations in respect of applications for mining privileges, and objections thereto, shall, mutatis mutandis, apply to all applications and objections filed and lodged pursuant to these regulations relating to mining agents.
Forms.
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The forms in the respective schedules hereto may be modified or adapted as the circumstances of the case require, and in any case where no suitable form appears in the schedules, such form may be used as the Warden prescribes or approves.
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In every case where, in the exercise of the powers and functions of the Warden, the Commissioner of Crown Lands issues any license or warrant, sealing shall not be necessary.
As to Determination of Questions or Disputes by Warden and Two Assessors.
- In every case where any question or dispute is to be determined by the Warden and two Assessors, the provisions of section 114 of the Mining Act shall, mutatis mutandis, apply.
Purchase and Sale of Gold and Registration of Gold-buyers.
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Any person, other than an incorporated bank, desirous of obtaining a gold-dealer’s license shall, at least thirty days before the hearing, lodge with the Warden an application in duplicate in the Form No. 108 in the Ninth Schedule hereto, together with a fee of five shillings.
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The duplicate shall, on the day of the receipt thereof by the Mining Registrar or Clerk of the Court, be posted in a conspicuous place either within or without the Court, and shall be kept posted, legible, and intact till the day of hearing of the application.
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The applicant shall forthwith cause a copy of his application to be published in three consecutive issues of a local newspaper, and shall also keep a copy posted until the hearing in a conspicuous place on the building in which he intends to carry on his business as a licensed gold-dealer.
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Any person may, either before or at the hearing of an application, object to the issue of a gold-dealer’s license to any applicant: Provided that any objection may be communicated to the Warden or to the Minister by ordinary letter through the post; and, for the purpose of making due inquiry into the grounds of such objection, the Warden or Minister may defer dealing with the application for such period as may be necessary.
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✨ LLM interpretation of page content
🌾 Regulations Regarding Rents and Receivers under the Mining Act
🌾 Primary Industries & ResourcesMining Act, Rents, Royalties, License fees, Receiver of Land Revenue, Crown Lands Commissioner
🌾 Provisions for Mining Agents Registration and Appeals
🌾 Primary Industries & ResourcesMining agents, Registration, Appeals, Warden's Court, Annual license fee, Public notification
🌾 Gold-buyers Licensing and Objections
🌾 Primary Industries & ResourcesGold-dealer license, Application process, Public notice, Newspaper publication, Objections, Warden
NZ Gazette 1907, No 16