1012
THE NEW ZEALAND GAZETTE.
[No. 28

fourteenth day of December, one thousand nine hundred and eleven, and the fifteenth day of February, one thousand nine hundred and twelve; and do hereby declare that pastoral licenses may hereafter be granted within the Karamea and Westland Mining Districts in accordance with the regulations hereinafter set forth.

REGULATIONS.

INTERPRETATION.—In these regulations, unless inconsistent with the context, the term “licensee” includes the successors and assigns of a licensee; and the term “Warden” means a Warden under the Mining Act, 1908, exercising jurisdiction within the Karamea Mining District or the Westland Mining District, as the case may be.

1. Application may be made for a pastoral license for any of the Crown lands within the Mining Districts of Karamea and Westland, with the exception of timber and other public or mining reserves.

2. Every such application shall be in the form in the Schedule hereto or to the effect thereof, and every applicant shall make the declaration appended thereto, or a declaration to that effect.

3. Every applicant shall, at the time of his application, pay to the Receiver of Land Revenue for the land district in which the land is situated the first half-year’s rent, together with the license and registration fee, or shall make such payment immediately the application has been approved or the applicant has been declared successful at the ballot. Deposits made by unsuccessful applicants shall be returned by the Receiver of Land Revenue after the ballot.

4. All rents shall be paid half-yearly, in advance, to the Receiver of Land Revenue for the land district in which the land is situated, on the 1st days of January and July in each year.

5. The area which may be applied for under these regulations shall be not less than 25 acres nor more than 1,000 acres.

6. The Commissioner of Crown Lands for the land district within which the land is situated may, with the approval of the Warden and the Land Board of the district (hereinafter referred to as the “Land Board”), grant not more than one pastoral license under these regulations to any person of the age of seventeen years or upwards who may apply for the same; but the Land Board may refuse any application, and its decision shall be final.

7. The annual rent payable under the license shall be a sum to be fixed by the Land Board, but shall be not less than 2·4d. per acre.

8. The term of the license shall be twenty-one years, and upon the expiration of the term the licensee shall have a right to a renewal for a further term of twenty-one years, subject in all respects to the same provisions and conditions as the original license, including the right of renewal, save that the rent shall be determined at the first and at each subsequent renewal in manner provided in section 182 of the Land Act, 1908.

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 otherwise 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 remove 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 pastoral 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. 20 hereof shall be subject to the provisions 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 comprised in a pastoral license under these regulations, subject to compensation for improvements as provided in the Mining Act, 1908, modified as hereinafter provided; and for the purposes of such grant the land shall not be resumed from such pastoral license, but the following provisions shall apply:—

The Warden shall notify the Commissioner of the area over which the mining privilege has been so granted, and the rent payable under the pastoral license shall be proportionately abated on an acreage basis to the extent of such area, provided that such abatement of rent shall in no case exceed the rent payable on account of the same area under the mining privilege; but the pastoral licensee shall retain the right to the surface soil, subject to the rights of the holder of such mining privilege, to whom free right of ingress, egress, and regress shall be permitted.

16. The holder of a pastoral license shall not during the currency of a license for a mining privilege effect any improvements whatsoever upon the land held under such mining privilege, without the written consent of the Warden first had and obtained.

17. In the matter of compensation for improvements the following provisions shall apply:—

The licensee of the mining privilege shall notify the Warden as to any areas which he may from time to time desire to actually utilize for mining purposes, including the making of roads or tramways, sites for buildings, or machinery, or for the deposit of tailings; and compensation for improvements assessed in manner provided in the Mining Act, 1908, on account of the area from time to time so notified to the Warden, shall be payable to the pastoral licensee by the holder of the mining privilege.

18. The holder of a pastoral license over an area in respect of which a license for a mining privilege is granted by the Warden shall have no claim to compensation on account of any injury or damage caused to stock by mining operations upon the area so held under mining privilege.

19. Upon the termination by effluxion of time or otherwise of a license for a mining privilege granted over an area held under pastoral license under these regulations, the rent payable under such pastoral license shall be proportionately increased on an acreage basis on account of the area so released from license for mining privilege.

20. 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 dwellinghouse or immediately surrounding the same, if the dwellinghouse 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 not more than 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.

21. 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 reduced on an acreage basis; 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 conduce to the advancement of the mining industry or of the persons engaged therein.

22. 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 improvements made by the licensee will be paid in case of land resumed for public purposes.

23. The licensee shall put upon the land comprised in his license substantial improvements of like value and within the like periods as prescribed in section 162 of the Land Act, 1908, subject to the right of the Land Board to modify such conditions in their discretion in the event of licenses for mining privileges being granted within the area.

24. Personal residence shall be compulsory, and shall commence on bush and swamp land within four years, and upon open or partly open lands within one year, from the date of selection, and thereafter shall be continuous during the whole of the remainder of the term, subject, however, to the right of the Land Board to dispense with personal residence upon sufficient and satisfactory grounds being shown for non-residence.

25. The license shall be subject generally to the provisions of Parts I and II of the Land Act, 1908.

26. All existing pack-tracks, whether surveyed or not, shall remain available for public use, and where the licensee’s