New Zealand Gazette – 1908 – No. 4

Page 200

✨ Mining Regulations

200
THE NEW ZEALAND GAZETTE.
[No. 4

In the Case of
(5.) A workman, con-
tractor, or tributer in re-
spect of a mining privi-
lege

For the Purposes of
The exercise of his
rights, liens, and reme-
dies in respect of money
owing to him as such
workman, contractor, or
tributer.

(6.) An occupier of pri-
vate land
Commencing any suit
for encroachment on or
damage to such land.

With respect to every person who is by law
required to have the qualification of a miner’s right,
the following provisions shall apply :—
(1.) It shall be his duty to produce the miner’s
right for inspection whenever requested
so to do by the Warden, or any In-
spector, or Receiver, or Registrar, or by
any person authorised in that behalf by
the Warden.
(2.) It shall at all times lie on him to prove
that he has the necessary qualification
. by producing the miner’s right, or satis-
factorily accounting for its non-produc-
tion.
(1.) In every case where the qualification of a
miner’s right is necessary in order to authorise the
doing of any of the things referred to in the Mining
Act or in these regulations, and any person does any
of those things without having the necessary quali-
fication, he shall acquire no right by virtue or in
respect of the thing so done ; and, if in any civil
proceedings before the Warden or the Warden’s
Court he fails by reason of not having the neces-
sary qualification, costs shall be given against him :
Provided nevertheless that at any time within
twelve months after the thing was so done (whether
any proceedings are pending or not) he may acquire
the necessary qualification in the manner and sub-
ject to the conditions following, that is to say,—
(a.) He may apply for such and so many ante-
dated miners’ rights as would have con-
ferred the necessary qualification if they
had been taken out and issued on the
antedates specified therein; such ante-
date being, however, in no case more than
twelve months earlier than the actual
date on which the antedated miner’s
right is issued.
(b.) There shall be payable in respect of each
such antedated miner’s right the ordinary
fee where the date of actual issue is not
more than one month later than the
antedate, and in any other case a special
fee equal to twice the ordinary fee.
(c.) On payment of the requisite ordinary or
special fees, the antedated miners’ rights
shall be issued to him, bearing in each
case the date of its actual issue, and also
the antedate ; and each such miner’s
right shall, for the purposes of the Mining
Act, and any former Mining Act, operate
as if it had been actually issued on the
antedate :
Provided that it shall not operate to
relieve him from any pecuniary penalty
for breach of any provision of the Mining
Act or the regulations thereunder.
(d.) If the application for the antedated miner’s
right is made in the course of the hear-
ing of any civil proceedings, it shall be
made to the Warden before the decision

in the proceedings is given, and shall
not be issued unless the applicant not
only pays the requisite ordinary or special
fee, but also either pays or gives satis-
factory security for the payment of such
of the costs and expenses incurred by all
other parties to the proceedings up to
the time of the actual issue of the ante-
dated miner’s right as will be rendered
fruitless by reason of such issue ; the
amount of such costs to be fixed, if
necessary, by the Warden.
(2.) The foregoing provisions of this clause shall,
mutatis mutandis, apply in the case of a person who,
being the holder of a mining privilege under any
former Mining Act, has neglected to take out a
miner’s right as required by such Act.

As to Issue of Miners’ Rights by Postmasters.

(1.) Miners’ rights (whether ordinary, consoli-
dated, or antedated) may be issued by and the fees
therefor may be paid to the Postmaster at any post-
office appointed by the Governor for the purpose,
and such payments shall be deemed as valid as if
made to a Receiver of Gold Revenue.
(2.) Receipts arising from the issue of miners’
rights at a post-office shall be entered in the post-
office cash-book, and treated as part of the balance
due on Post Office Account to be remitted by Sub-
Postmasters to Chief Postmasters, and by Chief
Postmasters to credit of the Post Office Account,
and then to be paid to the Colonial Treasurer as
goldfields revenue.
(3.) Each Postmaster shall enter every payment
on a statement-form headed “ Receipts under ‘The
Mining Act, 1905,’ ” The name of the person to
whom a miner’s right is issued, together with his
address, and the number and description of the
miner’s right so issued, shall be entered in the body
of the form.
(4.) A copy of each statement, containing the
foregoing particulars, shall be made forthwith and
transmitted by the Postmaster who prepares the
same to the nearest Receiver of Gold Revenue.

PROSPECTING.

Prospecting Warrants and Licenses.

The application for a prospecting warrant or
prospecting license may be in such one of the forms
numbered 5 to 8 in the First Schedule hereto as is
applicable ; and the warrant or license may be in
such one of the forms numbered 9 to 14 in that
Schedule as is applicable.
In the case of a prospecting license, the appli-
cant shall mark out the ground in the same manner
as in the case of a claim.
In the case of prospecting warrants or licenses
relating to Native land, the following provisions
shall apply :—
(1.) The applicant shall transmit the applica-
tion to the Minister at Wellington, and
at the same time shall forward to him
£3 in the case of a warrant, and £5 in
the case of a license, to abide the dis-
posal of the application, and to be ap-
plied in or towards payment of license
fee, survey fees, advertising, and other
expenses connected with the application,
and shall for the same purpose forward
to the Minister such further sums as
and when the Minister requests.