Oct. 28.] THE NEW ZEALAND GAZETTE. 2703
holder of the mining privilege as a site
for his plant, buildings, or mining-works,
or as is not being actually used by him
for his mining operations:
Provided that nothing in this paragraph shall authorise any person to loiter
about or interfere with such plant, buildings, works, or operations, or shall relieve
him from liability for any damage actually
done by him whilst on the land.
(8.) The fact of rent being payable under a
license shall not be deemed to confer
upon the licensee any estate in the land
comprised in the license.
(9.) Licenses for mining privileges, not entitling
the licensee to win gold, metals, or minerals from the land comprised therein,
may be granted by the Warden in respect
of so much of the surface or subsoil of
the land comprised in any mining privilege entitling the holder to win gold,
metals, or minerals therefrom as in the
Warden's opinion is not required by such
holder for the purposes of his mining
operations, or the reasonable exercise of
his other rights as such holder:
Provided that the license shall be
granted subject to such conditions as the
Warden thinks fit to impose in order to
prevent such mining operations or the
reasonable exercise of such rights being
unduly hampered or interfered with by the
licensee in acting under the license, and
shall in every case be deemed to be
granted subject to the condition that, in
the event of the surface being at any
time required by such holder for the
purposes of his mining operations, he
may, with the previous authority in
writing of the Warden, enter upon and
use the same or any specified portion
thereof, or the subsoil thereof, upon
such terms and conditions as the Warden
thinks fit, and upon paying or making
provision for the payment of full compensation to such licensee for all damage
thereby caused to his buildings, improvements, or mining-works on the land.
(10.) Licenses for mining privileges entitling the
licensee to win gold, metals, or minerals
from the land comprised therein may be
granted by the Warden in respect of
land held as mining privileges not entitling the holder to win gold, metals, or
minerals from the land comprised therein:
Provided that the license shall be
granted subject to such conditions as the
Warden thinks fit to impose in order to
prevent such holder being unduly hampered or interfered with in the reasonable
exercise of his rights as such holder, and
shall in every case be deemed to be
granted subject to the following conditions:
(a.) That, except with the previous
authority in writing of the Warden, and
upon paying or making satisfactory provision for the payment of full compensation to such holder for all damage thereby
caused to the surface of the land, or to
such holder's buildings, improvements, or
mining-works on the land, the licensee
will not, in acting under the license, enter
upon or disturb the surface of the land
or carry on mining operations within such
distance of the surface as the Warden
prescribes; and also
(b.) That such holder shall be entitled
to receive full compensation from such
licensee for all damage done to the
surface of the land, or to such holder's
buildings, improvements, and mining-
works thereon, by the licensee in acting
under the license.
(11.) In every case where, pursuant to subsection (e) of section 212 of the Mining Act,
any person ceases to have any right or
title to the therein-mentioned improvements, such improvements, if on private
land, shall follow the title to such land,
and if on other than private land shall be
deemed to belong to His Majesty, but in
the latter case may, whilst existing on the
land, be used by any person who takes
up a mining privilege on the land: Provided that such user shall be only for
the purposes of such mining privilege.
92. Except where authorised by or under the
Mining Act, or the regulations thereunder, or the
order of the Warden, no person shall—
(1.) Deposit any earth, stones, tailings, or other
substance in the bed of any watercourse
so as to obstruct the flow of water therein
to the injury of any other person; nor
(2.) Damage or otherwise interfere with any
mining privilege held by any other person,
or the buildings, works, or machinery
thereon; nor
(3.) Deposit upon any mining privileges, other
than his own, any earth, stones, tailings,
or other substance; nor
(4.) Back the water of any watercourse upon
any mining privilege other than his own, or otherwise cause the same to be flooded
or injured; nor
(5.) Remove from any workings any props,
timber, or other structures, so as to endanger the claim or rights of any other person; nor
(6.) Allow any timber which he has felled to
remain for more than twelve hours upon
or in any road, street, path, or watercourse, or upon any land other than his own.
(7.) Remove, deface, or alter any peg, mark, or
notice set up by any other person in accordance with the Mining Act or the
regulations thereunder.
93. Where the holder of a mining privilege discharges or deposits tailings therefrom outside the
boundaries thereof or of his special site for the deposit of tailings, his right to such tailings shall be
deemed to be abandoned.
ADDITIONAL PROVISIONS FOR THE SAFETY OF LIFE AND PROPERTY IN CONNECTION WITH MINING OPERATIONS.
Additional General Rules.
94. In addition to the general rules prescribed
by section 254 of the Mining Act, the following general rules shall, as far as practicable, be observed
in every mine:
(1.) The extent of ventilation to be prescribed
under subsection (1) of section 254 of the