Mining Regulations




Aug. 5.] THE NEW ZEALAND GAZETTE. 2695

of its subject-matter, in a conspicuous place outside the Courthouse where the application is to be heard.

(10.) In every case where the application is for the grant of a special claim comprising more than 20 acres, or of a water-race authorising the diversion of more than ten heads of water, or of a main tail-race, the Warden shall, and in any other case he may in his discretion, but in every case at the applicant’s expense, publicly notify the minuted application by advertising a copy thereof not less than twice in one or more newspapers printed and published in or nearest to the locality of the land to which the application relates, or of the Courthouse where the application is to be heard.

(11.) On the day on which the application is filed, or as soon thereafter as is practicable, the applicant shall notify every person who to his knowledge is in occupation of the land, or any part of the land, comprised in the application, or has any estate or interest therein, or any interest which will be obviously affected by the grant of the application, by posting to him at his last known place of business or abode a registered letter containing a copy of the minuted application or of the advertisement thereof, or by delivering such copy to him personally.

(12.) On the day on which the application is filed, or as soon thereafter as is practicable, the applicant shall post up on the ground, in some conspicuous position, a duplicate original of the minuted application, and shall there maintain the same until the day appointed for the hearing.

(13.) Such duplicate original shall be posted up and maintained as aforesaid—
(a.) In the case of a water-race, at each point of intake, and also at the terminal point;
(b.) In the case of a tail-race, a road, or a tramway, at the starting and terminal points;
(c.) In the case of a tunnel, at the starting-point.

(14.) If any person desires to object to the application he shall, by himself, his solicitor, or registered agent, not later than three days before the time appointed for the hearing, give notice thereof by filing in the Registrar’s office a notice in the form numbered 27 in the First Schedule hereto, and by serving on the applicant a duplicate original of such notice.

(15.) Such notice shall in every case contain an address for service, which shall be in the same district as the office in which the notice is filed, and all notices to be served on the objector shall be deemed to be validly served if served at such address.

(16.) At any stage of the proceedings the Warden may require the applicant to furnish a sketch-plan of the land to which the application relates; and also may allow the application to be amended in any particular upon such terms as to notices, adjournment, costs, and otherwise as he thinks fit.

(17.) If any case where, in respect of any application or objection, the foregoing provisions relating to the time or mode of giving, posting up, maintaining, or serving any notice are not duly complied with, the Warden, if satisfied that such non-compliance is not wilful, may in his discretion waive the same, or extend the time, upon such terms as to notices, adjournment, costs, and otherwise as he thinks fit.

(18.) If the applicant does not desire to appear, the declaration referred to in paragraph (r) of section 165 of the Mining Act may be in the form numbered 28 in the First Schedule hereto.

(19.) All applications shall be numbered consecutively by the Registrar according to the order of time in which they are filed, and he shall record them in the same order and with the same numbers in a book to be called the “Application Record-book.”

(20.) If the application is for a license for a mining privilege, the license may be in such one of the forms numbered 29 to 38 in the First Schedule hereto as is applicable, or, if none of those forms be applicable, then in such form as the Warden prescribes or authorises:
Provided that in no case shall the license be for more than one mining privilege.

(21.) If the application is for a license for a mining privilege, and the land applied for exceeds the maximum area that may lawfully be held, the following provisions shall apply:—
(a.) At any time before the license is granted, or, if the license has been granted, then at any time before proceedings for forfeiture are instituted, the applicant or licensee, with the consent of the Warden, and upon such terms as to costs, adjournment, re-marking, and otherwise as the Warden thinks fit, may discard the area in excess.
(b.) If the area in excess is discarded as aforesaid, then the application, or, if the license has been issued, then the license and the register, shall be duly rectified as the Warden directs for the purpose of eliminating the discarded area.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1915, No 93


NZLII PDF NZ Gazette 1915, No 93





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🌾 Applications for Mining Privileges (continued from previous page)

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