1014
THE NEW ZEALAND GAZETTE.
[No. 28

13. 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, as already set forth in Regulation No. 2.

14. The licensee shall have no right, either himself or through any other person, to fell, cut, sell, remove, or otherwise dispose of any kauri, totara, puriri, matai, rimu, mangeao, pohutukawa, or other reserved trees being on the land included in his license, except in conformity with the regulations under the Mining Act for the time being in force.

15. The licensee shall not be entitled to fell, cut, or remove any timber other than manuka, tea-tree, or scrub growing on the land comprised in his license, except for his domestic use, or for fencing, or clearing for cultivation; and no trees exceeding 2 ft. in diameter are to be cut down without the special permission of the Warden.

16. The licensee shall, by virtue of his pastoral license, acquire no rights to mine for gold, silver, or any other metals or minerals whatsoever, without first obtaining the sanction of the Warden in the manner provided for by the mining laws.

17. The holders of miners’ rights shall have the right to prospect over the whole area held under pastoral license, and for that purpose to enter and camp thereon, and to use mining-timber (not being reserved trees) and firewood growing thereon, so long as they are legitimately engaged in prospecting; but any prospecting carried on upon the cultivated area surrounding the dwelling of the licensee, as limited by Regulation No. 20 hereof, shall be subject to the provisions of sections 74 and 75 of the Mining Act, 1908.

18. The Warden shall have the right to grant any mining privilege or easement in and over the land comprised in a pastoral license, subject to the compensation for improvements as provided for 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.

19. 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.

20. No previous consent shall be required from the licensee to enable the Warden to grant any application which may be lawfully made to him under the Mining Act or regulations for the time being in force in and over the land comprised in a pastoral license, with the exception of the area containing the dwellinghouse or immediately surrounding the same, provided that the dwelling is of a substantial nature, and that the land is in cultivation and surrounded by a substantial fence. For the purposes of this regulation, and for the purpose of Regulation No. 17 hereof, the area to be protected to the licensee around his dwelling shall be 15 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 may deem necessary, and the same shall thereupon be excluded from the land comprised in a pastoral license, and rent shall be proportionately reduced as set forth in Regulation No. 23; 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. For all lands resumed for public or mining purposes a reduction of rent proportionate to the acreage resumed shall be made.

24. 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 power of the Land Board to modify such conditions in its discretion as set forth in section 163 of the said Act, or in the event of licenses for mining privileges being granted within the area.

25. Personal residence shall be compulsory, and shall commence on bush and swamp land within four years, and upon open or partly open land 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 if the lessee puts on the land comprised in the lease substantial improvements of a permanent nature of a value equal to twice the amount actually required by paragraphs (a), (b), and (c) of section 162 of the Land Act, 1908.

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

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

28. Every holder of a miner’s right shall have the right of ingress and egress over the whole area of a pastoral license, excepting so much thereof as may be under cultivation and substantially fenced as provided in Regulation No. 20.

29. 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.

30. All lands held under these regulations shall remain subject to the provisions of the Kauri-gum Industry Act, 1908.

FIRST SCHEDULE.

AREAS excluded from application under the Regulations for the Occupation of Pastoral Lands within the Hauraki Mining District:—

Coromandel Township: An area comprised within a radius of a mile and a half from the post-office, Upper Township.

Tokatea Township: An area comprised within a radius of a mile from the public school.

Kuaotunu Township: An area comprised within a radius of a mile and a half from the junction of the Kuaotunu and Waitai Roads.

Gumtown: An area comprised within a radius of a mile from the post-office.

Tararu: An area comprised within a radius of a mile from the post-office.

Waitekauri: An area comprised within a radius of a mile and a half from the Waitekauri Post-office.

Karangahake: An area comprised within a radius of a mile and a half from the post-office.

Waikino: An area comprised within a radius of a mile from the post-office.

Waihi: An area comprised within a radius of two miles from the post-office.

SECOND SCHEDULE.

APPLICATION FOR PASTORAL LICENSE.

Under the Regulations for the Occupation of Pastoral Lands in the Hauraki Mining District.

To the Commissioner of Crown Lands, Auckland.

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 Hauraki Mining District, 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 twenty-sixth day of March, one thousand nine hundred and thirteen.

H. D. BELL,
For Minister of Lands.