Aug. 5.] THE NEW ZEALAND GAZETTE. 2707

other moneys payable to His Majesty under the license.

(7.) The holder of a mining privilege shall not as such holder—

(a.) Have any riparian rights in respect to any watercourse on or adjoining the land comprised in the mining privilege; nor

(b.) Have any right or remedy whatsoever against any person in respect of the discharge of tailings, débris, or waste water into any watercourse by such person in the lawfully carrying-on of his mining operations; nor

(c.) Have any right or remedy whatsoever which would prevent any person from freely using for the purpose of transit any natural waterway on or adjoining the mining privilege, but so nevertheless that such user does not unduly interfere with any mining operations lawfully carried on in the waterway by the holder of the mining privilege, and also that where such operations are carried on by means of a dredge, and such user cannot conveniently be exercised without removing the dredge or its moorings, the holder of the mining privilege shall remove the same with all reasonable diligence, and at his own cost in all things; nor

(d.) Have any right or remedy whatsoever which would prevent any person from freely using for purposes of ingress, egress, or regress, with or without horse and vehicles, at all reasonable hours, such portion of the surface of the land comprised in the mining privilege (not being a residence-site or a business-site) as is not being actually occupied by the holder of the mining privilege as a site for his plant, buildings, or mining-works, or as is not being actually used by him for his mining operations:

Provided that nothing in this paragraph shall authorise any person to loiter about or interfere with such plant, buildings, works, or operations, or shall relieve him from liability for any damage actually done by him whilst on the land.

(8.) The fact of rent being payable under a license shall not be deemed to confer upon the licensee any estate in the land comprised in the license.

(9.) Licenses for mining privileges, not entitling the licensee to win gold, metals, or minerals from the land comprised therein, may be granted by the Warden in respect of so much of the surface or subsoil of the land comprised in any mining privilege entitling the holder to win gold, metals, or minerals therefrom as in the Warden’s opinion is not required by such holder for the purposes of his mining operations, or the reasonable exercise of his other rights as such holder:

Provided that the license shall be granted subject to such conditions as the Warden thinks fit to impose in order to prevent such mining operations or the reasonable exercise of such rights being unduly hampered or interfered with by the licensee in acting under the license, and shall in every case be deemed to be granted subject to the condition that, in the event of the surface being at any time required by such holder for the purposes of his mining operations, he may, with the previous authority in writing of the Warden, enter upon and use the same or any specified portion thereof, or the subsoil thereof, upon such terms and conditions as the Warden thinks fit, and upon paying or making provision for the payment of full compensation to such licensee for all damage thereby caused to his buildings, improvements, or mining-works on the land.

(10.) Licenses for mining privileges entitling the licensee to win gold, metals, or minerals from the land comprised therein may be granted by the Warden in respect of land held as mining privileges not entitling the holder to win gold, metals, or minerals from the land comprised therein:

Provided that the license shall be granted subject to such conditions as the Warden thinks fit to impose in order to prevent such holder being unduly hampered or interfered with in the reasonable exercise of his rights as such holder, and shall in every case be deemed to be granted subject to the following conditions:—

(a.) That, except with the previous authority in writing of the Warden, and upon paying or making satisfactory provision for the payment of full compensation to such holder for all damage thereby caused to the surface of the land, or to such holder’s buildings, improvements, or mining-works on the land, the licensee will not, in acting under the license, enter upon or disturb the surface of the land or carry on mining operations within such distance of the surface as the Warden prescribes; and also

(b.) That such holders shall be entitled to receive full compensation from such licensee for all damage done to the surface of the land, or to such holder’s buildings, improvements, and mining-works thereon, by the licensee in acting under the license.