2696 THE NEW ZEALAND GAZETTE. [No. 89

ship of gold, and otherwise, as are agreed on between
the parties, or, failing agreement, as are determined
by the Warden and two Assessors.

Dams.

41. (1.) Before granting any application for a dam
    the Warden may order the site thereof to be inspected
    and reported on by any duly qualified surveyor or
    engineer, and may order the surveyor or engineer to
    draw up plans and specifications of the dam, which
    the Warden, if he thinks fit so to do, may submit to
    the Inspecting Engineer of the Mines Department for
    his report thereon.

(2.) After receiving such last-mentioned report, the
Warden may from time to time make such orders
concerning the construction of the dam as he thinks
fit, and it shall be the duty of the licensee of the dam
to comply therewith.

42. The cost of such inspection and reports, and
    of preparing such plans and specifications, shall be
    borne by such persons and in such proportions as the
    Warden may order.

43. The Warden may, either before or after grant-
    ing any application for a dam, specify a distance
    therefrom within which mining or other specified
    operations shall not be carried on, and may also
    from time to time vary such specification, on applica-
    tion of either the holder of the dam or any other
    person bona fide carrying on or proposing to carry on
    mining or other operations in proximity to the dam.

44. On the application of any person or local autho-
    rity likely to suffer damage or injury by the unfit-
    ness, disrepair, or weakness of any dam, the Warden
    may order the same to be inspected by any duly
    qualified engineer or surveyor, and, after hearing the
    holder of the dam and all parties interested, may
    make such order for the repair or strengthening of
    the dam, or otherwise, and upon such terms as to
    costs and otherwise (including the expenses of the
    inspector) as he thinks fit.

General.

45. Where any race is so constructed as to cross
    any stream from which the holder of the race has
    no right or license to divert water, and such con-
    struction might prejudicially affect the rights of
    any person, the race shall be well and efficiently
    constructed either under or over such stream so as
    not to interfere with the free flow of all the water
    naturally pertaining thereto, and flowing past the
    point of intersection.

46. In respect of water-race licenses, the priority
    of right to water shall, as between licensees divert-
    ing water out of the same watercourse, be counted
    from the precise time and date of marking-out of the
    same, which shall in all cases be recorded in the
    register and on the license: Provided that this clause
    shall not operate to affect the priority existing in
    the case of a water-race license granted under the
    Mining Act in exchange of title under any former
    Mining Act.

47. (1.) Every water-race license shall have speci-
    fied therein every point of intake, and no licensee of
    a water-race shall, without the written order of the
    Warden (to be applied for as provided in Regula-
    tion 33 hereof), alter any point of intake, or use for
    diverting the water any other race than the race
    specified in the license.

(2.) Before granting such application the Warden
may require all the water which, if it were not
diverted, would naturally flow in the watercourse
between the said races or points of intake to be
gauged for the purpose of determining as nearly as
may be the extent to which the volume is increased
from natural causes between such races or points
of intake, and may require the applicant to surrender
as many heads of water as are equal to such increase
of volume.

48. The licensee of a water-race shall at all times
    maintain the race in such condition and with such
    capacity as to carry the number of sluice-heads
    authorised to be diverted.

49. The licensee of any mining privilege in respect
    of water shall not allow any water which he is en-
    titled to divert to run to waste, but, on the contrary,
    such water shall be bona fide taken, diverted, and
    used in terms of the license, and not otherwise.

50. (1.) Every licensee entitled to divert water
    from a watercourse shall place a gauge-box in his
    race within seven days after receiving a written
    notice so to do from any other licensee entitled to
    divert water from such watercourse. Where there
    is only one point of intake the gauge-box shall be
    placed immediately below such point, but where
    there are several points of intake the gauge-box shall
    be placed immediately below the last of such points.

(2.) Water may be gauged in manner described
in the Third Schedule hereto.

Tramways.

51. (1.) In every case where the proposed course
    of a tramway crosses or runs along a road or street,
    the provisions of sections 204 and 205 of the Mining
    Act shall apply.

(2.) The holder of a license for a tramway shall
not be entitled to carry on the tramway passengers
or goods for hire except at such scale of fares and
freight, and subject to such provisions for the safety
of life and property, as have been submitted to and
approved by the Minister.

(3.) The license for a tramway shall in every case
be deemed to be granted subject to the condition
that the licensee will, at his own cost, from time to
time provide, and at all times thereafter maintain
to the satisfaction of the Warden, a sufficient cross-
ing-place over the line of the tramway at every
point in its route where, in the opinion of the Warden,
a crossing-place is reasonably required for public
or private convenience.

LEASES IN MINING TOWNSHIPS UNDER SECTION 43
OF THE MINING ACT.

52. (1.) Any holder of a miner’s right may apply to
    the Warden for a lease of the surface of any land in
    any mining township.

(2.) Every application for a lease shall be made in
writing to the Warden, in the form numbered 100
in the Ninth Schedule hereto, and shall contain a
statement of the situation of the land and the area
applied for, the number of the section if the land is a
surveyed section, and the purposes for which the
same is to be used.

(3.) The Warden shall have power to grant a lease
of the surface of any such land as aforesaid under
these regulations, notwithstanding that the land
applied for may be held as a claim under the Mining
Act.

(4.) If the land applied for is not a surveyed sec-
tion, or only part of a surveyed section, the applica-
tion shall be accompanied by a deposit of £3 to cover
the expenses of surveying the same, and after the
application has been finally dealt with there shall
be refunded to the applicant any unexpended or
unrequired balance remaining of the said deposit.