✨ Mining Act Forms
Oct. 28.] THE NEW ZEALAND GAZETTE. 2737
Form 103 (Reg. 53).
LICENSE UNDER SECTION 44 OF THE MINING ACT.
PURSUANT to “The Mining Act 1908,” I, the undersigned, Warden of the Mining District, do hereby grant to [Full name, residence, and occupation] this license, authorising 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, commencing on the date hereof, subject to the terms, conditions, reservations, and provisions set out in “The Land Act, 1908,” 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 45 OF “THE MINING ACT, 1908.”
THIS deed, made the day of , one thousand nine hundred and , in pursuance of section forty-five of “The Mining Act, 1908,” 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: Yielding 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 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:—
-
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.
-
The lessee shall have no claim for compensation or otherwise against the King, or against any person or persons, or body or bodies corporate, 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, provided that such mining operations were not being carried on at a less distance from the surface than that sanctioned by the Warden.
-
This lease shall be subject to all the provisions of “The Mining Act, 1908,” and regulations thereunder, and its and their amendments, relating to the forfeiture and abandonment of residence-sites, and to the recovery of rents in arrear, and such provisions shall be deemed to be incorporated herein, and to form part of the conditions of the lease.
-
At the expiration of the term of this lease the section shall (unless required by the Crown) be again put up for auction, but weighted with the value of the buildings and other improvements then existing thereon, ascertained by valuation under section forty of “The Mining Act, 1908,” but in no case shall any right of valuation exist as against the Crown.
And the lessee doth hereby covenant with the King as follows:—
(a.) That the lessee will from time to time pay the said rent to the said Receiver of Gold Revenue at , 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, underlet, or otherwise dispose of the demised land, or any part thereof, without the previous consent in writing of the King, or some person duly authorised 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 mineras therein or thereon; and also
(d.) That the lessee will not at any time commence or prosecute any action or suit, or take any proceedings, against any person or body corporate to recover any compensation or damages for any loss which the lessee may sustain on account of any mining operations carried on below the surface of the demised land, or the lands adjoining thereto, provided that such mining operations were not being carried on at a less distance from the surface than that sanctioned by the Warden; and also
(e.) That the lessee shall within twelve months from the date of this lease fence the whole of the land herein demised with a substantial fence.
And it is hereby further agreed and declared that these presents are subject to the provisions of section forty-five of “The Mining Act, 1908,” and are granted on the express conditions 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 the said demised premises, then in any of such cases it shall be lawful for any person or persons thereunto duly authorised by the King, or by the Minister on his behalf, into and upon the demised land to re-enter, and thereupon this demise shall be absolutely 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 Warden of the Mining District, on behalf of the King and the said lessee, have set their hands respectively the day and year first hereinbefore written.
(Lessor.)
(Lessee.)
Signed by A. B., Warden, &c., for and on behalf of the King, in the presence of—
[Residence and occupation.]
Signed by the said lessee in the presence of—
[Residence and occupation.]
Form 105 (Reg. 159).
APPLICATION TO BE REGISTERED AS A MINING AGENT.
To the Warden of the Mining District, at .
PURSUANT to “The Mining Act, 1908,” the undersigned hereby makes application to be registered as a mining agent for the above-mentioned mining district [or in respect of the following localities within the said mining district: namely (Here name them)].
Address for service:
Dated at , this day of , 19 .
A. B.
Signature of applicant:
[Or, as the case may be, A. B. (by his Solicitor or Registered Agent, C. D.)].
Time and place appointed for the hearing of the application and all objections thereto: [e.g., Thursday, the 22nd August, 1901, at 10 a.m., at the Warden’s Courthouse at ].
Objections must be filed in the Registrar’s office, and notified to the applicant, at least twenty-four hours before the time so appointed.
, Mining Registrar.
Form 106 (Reg. 164).
LICENSE TO ACT AS REGISTERED MINING AGENT.
PURSUANT to “The Mining Act, 1908,” I, the undersigned, , a Warden of the Mining District, do hereby register as a mining agent under the said Act in respect of the Mining District [or the following localities—(naming them)—within the said district].
This license is subject to payment of an annual license fee of £1 1s.
In witness whereof I have hereunto subscribed my name, and affixed the seal of the Warden’s Court of the Mining District, this day of , 19 , at .
, Warden.
Next Page →
✨ LLM interpretation of page content
🌾 License Under Section 44 of the Mining Act
🌾 Primary Industries & ResourcesMining Act, License, Warden, Land Act
🌾 Lease Under Section 45 of the Mining Act, 1908
🌾 Primary Industries & ResourcesMining Act, Lease, Crown, Rent, Covenant
- King Edward the Seventh
- A. B., Warden
🌾 Application to be Registered as a Mining Agent
🌾 Primary Industries & ResourcesMining Act, Mining Agent, Application, Registration
- A. B.
- C. D.
🌾 License to Act as Registered Mining Agent
🌾 Primary Industries & ResourcesMining Act, Mining Agent, License, Registration
- Warden
NZ Gazette 1909, No 89