Mining Regulations




Oct. 28.] THE NEW ZEALAND GAZETTE. 2689

case of a license, to abide the disposal
of the application, and to be applied
in or towards payment of license fee,
survey fees, advertising, and other ex-
penses connected with the application,
and shall for the same purpose forward
to the Minister such further sums as and
when the Minister requests.

(2.) The Minister shall, on behalf of the Go-
vernor, cause the application to be
notified, inquired into, and dealt with
as he thinks fit, and for that purpose he
may authorise any Warden, Commis-
sioner of Crown Lands, or other fit person
to hear the same and all or any objec-
tions thereto.

(3.) For the purposes of the last preceding sub-
clause hereof the person authorised as
aforesaid shall have all the powers and
jurisdiction of a Warden, save that in lieu
of deciding the application himself he
shall report thereon to the Minister.

  1. In the case of prospecting warrants or licenses
    relating to other than Native land, the application
    shall be dealt with under such of the provisions of
    section 165 of the Mining Act, and the regulations
    relating thereto, as are applicable.

  2. With respect to the renewal of tunnel pro-
    specting licenses, the following provisions shall
    apply :-

(1.) The licensee desiring the renewal shall,
not more than two months nor less than
one month before the expiry of the
current term, make application for the
renewal to the Governor in the case of
Native land, or the Warden in the case
of other than Native land.

(2.) The application may be in the form num-
bered 44 in the First Schedule hereto,
with all necessary modifications.

(3.) The renewal shall not be granted unless the
Governor in the case of Native land, or
the Warden in the case of other than
Native land, is satisfied that all the con-
ditions of the license have been faithfully
fulfilled by the licensee during the term
next preceding the term of the renewal.

(4.) If the renewal is granted it shall be effected
by indorsing on the license the words
“ Renewed for one year from the
day of , 19 ,” being the date
of the expiry of the previous term, under
the hand of the Minister on behalf of the
Governor in the case of Native land, or
under that of the Warden in the case of
other than Native land.

  1. Every prospecting license, or renewal of a
    tunnel prospecting license, shall, before the issue
    thereof, be transmitted to the Registrar, who shall
    register the same, and then issue the same to the
    person entitled thereto, upon being satisfied that
    the license or renewal fee, and all survey fees and
    advertising and other expenses, have been duly paid,
    and all bonds (if any) duly completed and filed in
    Court.

  2. A prospecting warrant shall, whilst it con-
    tinues in force, confer upon the holder thereof the
    same non-exclusive right of prospecting on the land
    to which it relates as by section 68 of the Mining
    Act the holder of a miner’s right possesses in re-
    spect of Crown land ; but, as in the case of a miner’s
    right, so also in the case of a prospecting warrant,

the mere fact of his being the holder thereof shall
not confer upon him any rights as against any per-
son who takes up a claim on the land, or acquires
a license for any other mining privilege in respect
thereof: Provided that nothing herein contained
shall apply to a mineral prospecting warrant.

  1. The priority of right which by subsection (k)
    of section 72 of the Mining Act is conferred upon
    the holder of a prospecting license shall be exer-
    cisable in the manner and subject to the conditions
    following, that is to say,—

(1.) The holder or any other person may at
any time apply for a license for any
mining privilege in respect of the whole
or any portion of the land comprised in
the prospecting license, and the Warden,
if and when he grants the application,
shall cancel the prospecting license :
Provided that, if the mining privilege
is in respect of less than the whole of
the land comprised in the prospecting
license, the Warden, in lieu of cancel-
ling the prospecting license altogether,
may in his discretion cancel it merely
as to so much of the land as is comprised
in such mining privilege.

(2.) If the application for the mining privilege
is made by any other person than the
holder of the prospecting license, the
application shall not be granted unless
the Warden is satisfied that the holder
has been notified thereof, and does not
object thereto, or, if objecting thereto,
has not, within ten days after receipt
of such notification, himself made appli-
cation.

(3.) If such last-mentioned application is made
it shall have priority.

Mineral Prospecting Warrants and Mineral Leases.

  1. Rent under Mineral Prospecting Warrants.
    The rent payable under a mineral prospecting war-
    rant shall be 1d. an acre per annum for the first
    two years, 2d. for the third year, 3d. for the fourth
    year, and 6d. for the fifth year.

  2. Rent under Mineral Leases.—The rent payable
    under a mineral lease granted under section 80 of
    the Mining Act shall be 2s. 6d. an acre or part of an
    acre per annum ; but, should the prescribed royalty
    exceed the amount of rent in any one year, such
    rent shall for that year cease.

  3. Royalty under Mineral Leases.—The royalty
    payable under a mineral lease shall be one twenty-
    fifth of the value of the mineral at the pit’s mouth,
    and such value shall be fixed before a lease is issued.

  4. Labour under Mineral Prospecting Warrants.
    Within three months after the issue of a mineral
    prospecting warrant the holder shall keep employed
    upon or in connection with the area comprised in
    the warrant at least two workmen for every area of
    500 acres or under, and one additional workman
    for every 250 acres or part thereof in excess of
    1,000 acres.

  5. Reports and Statements of Expenditure to be
    furnished.
    —The holder of a mineral prospecting
    warrant shall every six months transmit to the
    Mining Registrar, at the Warden’s office from which
    the warrant was issued, a statement, verified by
    statutory declaration, of the amount expended
    during the preceding six months under the mineral
    prospecting warrant, together with a short report



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 89





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🌾 Mining Act Regulations: Prospecting Warrants and Licenses

🌾 Primary Industries & Resources
Mining Act, prospecting warrants, prospecting licenses, Native land, Crown land, fees, application, renewal, registration, labor requirements, rent, royalty