Mining Act Forms




664
THE NEW ZEALAND GAZETTE.
[No. 16

NINTH SCHEDULE.
Form 100 (Reg. 52).
APPLICATION FOR LEASE IN A MINING TOWNSHIP.
"The Mining Act, 1905."

To the Warden at
I APPLY for a lease of the ground herein described :—
Situation :
Area :
No. of section (if land is surveyed) :
Tenure :
Length of occupation :
Purpose for which land is to be used :
[Signature.]
Address for service :

Filed by the Mining Registrar, at o’clock on ,
the day of , 19 .

The above application will be considered on day,
, 19 . A. B., Warden.
[or Mining Registrar].


Form 101 (Reg. 52).
FORM OF LEASE IN A MINING TOWNSHIP.
"The Mining Act, 1905."

This deed made the day of , one thousand
nine hundred , in pursuance of section forty-four of
"The Mining Act, 1905," between the Warden of the Mining
District of (hereafter, with his successors in office
and assigns, called "the lessor"), of the one part, and
(hereinafter, with his executors, administrators, and per-
mitted assigns, called "the lessee"), of the other part,
witnesseth that the lessor, with the consent of the Minister
of Mines, doth hereby demise and lease unto the lessee all
that piece or parcel of land situate in the Township of ,
in the Mining District, containing , and
being section No. , on the map of that township, in
the District Survey Office at , and as the same is
more particularly delineated in the plan drawn in the margin
of these presents and therein coloured red : To hold the same
unto the lessee for the term of years from the date
hereof : Yielding and paying unto His Majesty the King,
his successors and assigns, during the said term the yearly
rent of , by equal half-yearly instalments in
advance to the Receiver of Gold Revenue at ,
the first such instalment having been duly paid, and the
subsequent instalments being due and payable in advance
on the day of and the day of
in each year throughout the said term : Provided
always, and it is hereby expressly declared and agreed as
follows :—

(1.) These presents shall be construed and taken to be
a demise of the surface of the demised land only,
and shall not entitle the lessee to mine on or under
the demised land, or to extract, dig, or search for
gold or any other metals or minerals therein or
thereon.

(2.) The lessee shall have no claim for compensation,
or otherwise against the lessor, His Majesty the
King, or any other person or persons, or body or
bodies corporate whomsoever or whatsoever, for
or on account of any loss which the lessee may
sustain on account of mining operations carried
on below the surface of the demised land or the
lands adjoining thereto.

And the lessee doth hereby covenant with the lessor as
follows :—

(a.) That the lessee will from time to time well and
truly pay the said rent as hereinbefore appointed
and also all rates, taxes, and assessments levied
on the demised land during the said term. And
also

(b.) That the lessee will not part with, assign, or under-
let the demised land or any part thereof without
the previous consent in writing of the lessor, or
of some person duly authorised by the lessor to
give such consent. And also

(c.) That the lessee will not mine for gold or any other
metal or mineral on or under the demised land,
or extract, dig, or search for gold or any other
metal or mineral therein or thereon. And also

(d.) That the lessee will not at any time commence or
prosecute any action or suit or take any proceed-
ings against any person or body corporate to re-
cover any compensation or damages for any loss
which the lessee may sustain on account of any
mining operation carried on below the surface of
the demised land or the lands adjoining thereto.

And it is hereby further agreed, and declared that these
presents are subject to the provisions of section 44 of "The
Mining Act, 1905," and are granted on the express condition
that, if and as often as the said rent or any part thereof is
in arrear and unpaid for thirty days next after any of the
days hereinbefore appointed for the payment thereof, although
no formal demand may have been made therefor, or if and
as often as the lessee neglects or fails to observe any other
of the covenants or provisions herein contained or implied,
or for six months continuously abandons or deserts the
demised land, then in any of such cases it shall be lawful
for any person or persons thereunto duly authorised by the
lessor, or by the Minister of Mines, into and upon the demised
lands to re-enter, and thereupon this demise shall be abso-
lutely determined, but without releasing the lessee from the
payment of any arrears of rent, or from any action or suit
for or on account of any preceding default.

In witness whereof the lessor and the lessee have hereunto
set their hands the day and year firstly hereinbefore written.
, Lessor.
, Lessee.

Signed by the within-named lessor
in the presence of—

A. B.
[Residence and occupation.]

Signed by the within-named lessee
in the presence of—

C. D.
[Residence and occupation.]

Consented to this day of , 190 .
, Minister of Mines.


Form 102 (Reg. 53).
APPLICATION FOR LICENSE UNDER SECTION 45 OF THE MINING
ACT.

[As in Form 15 in the First Schedule hereof, with all neces-
sary modifications, including Schedule as follows.]

SCHEDULE.

Purpose for which license is required :
Proposed term of license :
Locality where land is situated, with its boundaries,
measurements, and area :


Form 103 (Reg. 53).
LICENSE UNDER SECTION 45 OF THE MINING ACT.

Pursuant to "The Mining Act, 1905," I, the undersigned,
Warden of the Mining District, do hereby grant to
[Full name, residence, and occupation] this license, autho-
rising the licensee to [State purpose of license] on or over the
land described in the First Schedule hereto.

This license is granted for a term of years, com-
mencing on the date hereof, subject to the terms, conditions,
reservations, and provisions set out in "The Land Act, 1892,"
and Mining Act and the regulations thereunder, and to such
additional terms, conditions, reservations, and provisions as
are specified in the Second Schedule hereto.

In witness whereof, &c.

FIRST SCHEDULE.

[Describe the land.]

SECOND SCHEDULE.

[Additional terms, if any.]


Form 104 (Reg. 54).
LEASE UNDER SECTION 46 OF "THE MINING ACT, 1905."

This deed, made the day of , one thousand
nine hundred and , in pursuance of section forty-
six of "The Mining Act, 1905," between His Majesty King
Edward the Seventh (who, with his heirs and successors is
hereinafter referred to as "the King") of the one part and
(who with his executors, administrators, and permitted
assigns, is hereinafter called "the lessee") of the other part,
witnesseth that the King doth hereby demise and lease unto
the lessee all that piece or parcel of land, situate at ,
in the Mining District, containing , and
being Suburban Section Number on the Warden’s
office plan of , and as the same is more particularly
delineated in the plan drawn in the margin of these presents,
and therein coloured red : To hold the same unto the lessee
for the term of years from the date hereof : Yield-
ing and paying unto the King during the said term the yearly
rent of in advance by equal half-yearly instalments,
the first of such instalments having been duly paid, and
the subsequent instalments being due and payable in ad-
vance on the day of and the day
of , in each year throughout the said term :



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1907, No 16





✨ LLM interpretation of page content

🌾 Ninth Schedule: Application for Lease in a Mining Township

🌾 Primary Industries & Resources
Mining Act, Application for lease, Mining township, Warden, Mining Registrar

🌾 Form 101: Form of Lease in a Mining Township

🌾 Primary Industries & Resources
Mining Act, Lease, Mining township, Warden, Minister of Mines
  • A. B., Warden
  • Minister of Mines

🌾 Form 102: Application for License under Section 45 of the Mining Act

🌾 Primary Industries & Resources
Mining Act, License application, Section 45

🌾 Form 103: License under Section 45 of the Mining Act

🌾 Primary Industries & Resources
Mining Act, License, Section 45, Warden
  • Warden

🌾 Form 104: Lease under Section 46 of the Mining Act, 1905

🌾 Primary Industries & Resources
Mining Act, Lease, Section 46, King Edward VII
  • King Edward the Seventh