3698
THE NEW ZEALAND GAZETTE.
[No. 101

issued subject to the terms and conditions, as nearly as
may be, contained in section 235 of the said Act.

9. No deposit of survey fees shall be required, except in
   exceptional cases to be determined by the Land Board,
   who shall fix the amount of deposit. The deposit shall
   not in any case exceed 1s. 6d. per acre, and shall be
   credited to the licensee as rent.

10. The licensee shall have the right to the use of the
    surface soil only of the demised land, for the purpose
    provided for in his license.

11. The licensee shall have no right, either himself or
    through any other person, to fell, cut, remove, or other-
    wise dispose of any milling-timber or silver-pine on the
    land included in his license, except in conformity with the
    regulations for the time being in force in relation thereto
    under the Mining Act. The Commissioner of Crown
    Lands, or any person appointed by him, shall decide what
    is milling-timber, and his decision shall be final.

12. The licensee shall not be entitled to cut, fell, or re-
    move any timber growing on the land comprised in his
    license, except for his domestic use, or for fencing or
    clearing for cultivation.

13. The licensee shall not acquire, by virtue of a pas-
    toral license under these regulations, any right to mine
    for gold, silver, or any other metals or minerals whatever.

14. The holders of miners’ rights shall have the right to
    prospect over the whole area held under pastoral license,
    and for that purpose may, so long as they are legitimately
    engaged in prospecting, enter and camp thereon, and use
    mining-timber and firewood growing thereon; but any
    prospecting carried on upon the protected area referred to
    in Regulation No. 16 hereof shall be subject to the pro-
    visions of sections 73, 74, and 75 of the Mining Act, 1908.

15. The Warden shall have the right to grant any
    mining privilege or easement in respect of the land com-
    prised in a pastoral license under these regulations, sub-
    ject to compensation for improvements as provided for in
    the Mining Act, 1908.

16. Except as hereinafter provided, no previous consent
    shall be required from the licensee to enable the Warden
    to grant an application for any mining privilege which
    may be lawfully made to him under the Mining Act or
    regulations for the time being in force in respect of the
    lands comprised in a pastoral license. Notwithstanding the
    foregoing provisions of this regulation, the Warden shall
    not, without the consent of the licensee, grant any such
    application in respect of the area containing the dwelling-
    house or immediately surrounding the same if the dwelling
    is of a substantial nature and the lands are in cultivation
    and surrounded by a substantial fence. For the purposes
    of this regulation and of Regulation No. 14 hereof, the area
    to be protected to the licensee around his dwelling shall be
    50 acres: Provided, however, in all cases where the area
    which otherwise would be protected is not cultivated or
    substantially fenced, then so much only of the area as is
    substantially fenced or cultivated shall be protected.

17. The Warden shall have the power from time to time
    to make such reserves as he deems necessary, and the
    same shall thereupon be excluded from the land comprised
    in a pastoral license, and rent shall be proportionately re-
    duced as set forth in Regulation No. 19, and the Warden
    may do all such other things as may in his opinion be of
    benefit to the resident community, or may in any way con-
    duce to the advancement of the mining industry or of the
    persons engaged therein.

18. The Crown and the local authorities concerned shall
    have the right to survey and take all lands necessary for
    the construction of roads on the demised pastoral lands,
    and compensation only for the value of substantial im-
    provements made by the licensee will be paid in case of
    land resumed for public purposes.

19. For all land resumed for public or mining purposes
    a reduction, proportionate to the acreage resumed, shall
    be made on future annual rentals.

20. Applications to transfer a license under these regula-
    tions shall be made to the Commissioner of Crown Lands,
    and every such transfer shall be subject to the approval of
    the Land Board. No transfer will be allowed within one
    year from the date of the license, nor until permanent im-
    provements have been effected to the value of 4s. per
    acre upon the area held under the license. Such per-
    manent improvements shall include reclamation from
    swamps; clearing of bush (not being milling-timber, as
    determined in pursuance of Regulation No. 11 hereof),
    scrub, gorse, broom, or sweetbriar; grassing; cultivation;
    planting with trees and live hedges; the laying-out and
    cultivating of gardens; fencing; grassing; draining;
    making roads; sinking wells, water-tanks, or sheep-dips;
    making embankments or protective works of any kind; in
    any way improving the character or fertility of the soil;
    or the erection of any building at the licensee’s option
    upon the protected area referred to in Regulation No. 16
    hereof.

21. Forfeiture of all licenses may ensue if payment of
    rental is not made within three months after the due
    date, or if the licensee fails to effect substantial improve-
    ments to the value of 4s. per acre within three years from
    the date of the license.

22. All existing pack-tracks, whether surveyed or not,
    shall remain available for public use, and where the
    licensee’s fences run across the same a swing-gate must be
    provided to the satisfaction of the Warden.

23. Every holder of a miner’s right shall have the right
    of ingress and egress over the whole area comprised in a
    pastoral license, excepting so much thereof as may be
    under cultivation and substantially fenced, as provided in
    Regulation No. 16 hereof.

24. All water-rights are reserved to the Crown, but not
    so as to deprive the licensee’s stock of access to the water
    on his holding.

25. The Commissioner of Crown Lands for the Land
    District of Nelson may, with the approval of the Warden
    and the Land Board, grant a license under these regu-
    lations over land held under a sawmill license granted by
    the Warden or over land subject to a certificate of reser-
    vation as a timber area under the Mining Act, 1908, and
    the regulations made thereunder: Provided that the
    licensee shall not in any way interfere with or prejudice
    the holder of such sawmill license, or the holder of any
    timber-rights within a timber area in the exercise of his
    rights and privileges in respect thereof, and that the said
    licensee shall have no right of action, claim, or demand
    in respect of any injury done or committed in the lawful
    exercise of those rights and privileges.

FIRST SCHEDULE.
REGULATIONS REVOKED.

REGULATIONS for the occupation of pastoral lands within
the Westland Mining District, dated the 22nd October,
1903, and published in the Gazette of the 29th October,
1903.

Regulations for the occupation of pastoral lands within
the Karamea Mining District and the portion of Westland
Mining District situated within the Nelson Land District,
dated 2nd September, 1904, and published in the Gazette
of the 8th September, 1904.

Regulation amending the foregoing, dated the 31st De-
cember, 1904, and published in the Gazette of the 12th
January, 1905.

SECOND SCHEDULE.
APPLICATION FOR PASTORAL LICENSE.

Under the Regulations for the Occupation of Pastoral
Lands in the Karamea and Westland Mining Districts.

To the Commissioner of Crown Lands, Nelson.

I, , of , hereby apply for a pastoral license
under the above-mentioned regulations over acres
roods perches of Crown lands described in the
Schedule hereto (as per plan attached hereto).

Signature (in full) :
Address :
Occupation :
Date : , 19 .

SCHEDULE.
[Set out description of land applied for.]

Declaration.

I, , of , do solemnly and sincerely declare—

1. That I am of the age of seventeen years and upwards.
2. That I am the person who, subject to the regulations
   for the occupation of pastoral lands within the Karamea
   and Westland Mining Districts, is applying for a lease
   of the land above described.
3. That I am not already the holder of a license under
   the regulations mentioned in the last preceding paragraph.
   And I make this solemn declaration conscientiously
   believing the same to be true, and by virtue of the Justices
   of the Peace Act, 1908.

Signature :

Declared at , this day of , before
me— , Justice of the Peace.

Received on , 19 , at .
, Commissioner of Crown Lands.

As witness the hand of His Excellency the Governor,
this fifth day of December, one thousand nine
hundred and eleven.

D. BUDDO,
For Minister of Lands.