✨ Mining Regulations
(1.) The applicant shall transmit the application to the
Minister at Wellington, and at the same time shall
forward to him £3 in the case of a warrant, and
£5 in the case of a license, to abide the disposal of
the application, and to be applied in or towards
payment of license fee, survey fees, advertising,
and other expenses connected with the application,
and shall for the same purpose forward to the
Minister such further sums as and when the Minister
requests.
(2.) The Minister shall, on behalf of the Governor-General,
cause the application to be notified, inquired into,
and dealt with as he thinks fit, and for that purpose
he may authorize any Warden, Commissioner of
Crown Lands, or other fit person to hear the same
and all or any objections thereto.
(3.) For the purposes of the last preceding subclause hereof
the person authorized as aforesaid shall have all the
powers and jurisdiction of a Warden, save that in
lieu of deciding the application himself he shall report
thereon to the Minister.
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In the case of prospecting warrants or licenses relating
to other than Native land, the application shall be dealt with
under such of the provisions of section 169 of the Mining Act,
and the regulations relating thereto, as are applicable. -
With respect to the renewal of tunnel prospecting
licenses, the following provisions shall apply :-
(1.) The licensee desiring the renewal shall, not more than
two months nor less than one month before the
expiry of the current term, make application for the
renewal to the Governor-General in the case of
Native land, or the Warden in the case of other
than Native land.
(2.) The application may be in the form numbered 44 in
the First Schedule hereto, with all necessary modifications.
(3.) The renewal shall not be granted unless the Governor-
General in the case of Native land, or the Warden
in the case of other than Native land, is satisfied that
all the conditions of the license have been faithfully
fulfilled by the licensee during the term next preceding the term of the renewal.
(4.) If the renewal is granted it shall be effected by endorsing
on the license the words "Renewed for one year from
the day of , 19 ," being the date
of the expiry of the previous term, under the hand
of the Minister on behalf of the Governor-General
in the case of Native land, or under that of the
Warden in the case of other than Native land.
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Every prospecting license, or renewal of a tunnel prospecting license, shall, before the issue thereof be transmitted
to the Registrar, who shall register the same, and then issue
the same to the person entitled thereto, upon being satisfied
that the license or renewal fee, and all survey fees and advertising and other expenses, have been duly paid, and all bonds
(if any) duly completed and filed in Court. -
A prospecting warrant shall, whilst it continues in force,
confer upon the holder thereof the same non-exclusive right
of prospecting on the land to which it relates as by section 69
of the Mining Act the holder of a miner's right possesses in
respect of Crown land; but, as in the case of a miner's right,
so also in the case of a prospecting warrant, the mere fact of
his being the holder thereof shall not confer upon him any
rights as against any person who takes up a claim on the land,
or acquires a license for any other mining privilege in respect
thereof : Provided that nothing herein contained shall apply
to a mineral prospecting warrant. -
The priority of right which by paragraph (l) of section 73 of the Mining Act is conferred upon the holder of a
prospecting license shall be exercisable in the manner and
subject to the conditions following, that is to say,-
(l.) The holder or any other person may at any time apply
for a license for any mining privilege in respect of
the whole or any portion of the land comprised in
the prospecting license, and the Warden, if and when
he grants the application, shall cancel the prospecting license :
Provided that, if the mining privilege is in respect
of less than the whole of the land comprised in the
prospecting license, the Warden, in lieu of cancelling
the prospecting license altogether, may in his discretion cancel it merely as to so much of the land
as is comprised in such mining privilege.
(2.) If the application for the mining privilege is made by
any other person than the holder of the prospecting
license, the application shall not be granted unless
the Warden is satisfied that the holder has been
notified thereof, and does not object thereto, or, if
objecting thereto, has not, within ten days after the
receipt of such notification, himself made application.
(3.) If such last-mentioned application is made it shall have
priority.
Mineral Prospecting Warrants and Mineral Leases.
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Rent under Mineral Prospecting Warrants.-The rent
payable under a mineral prospecting warrant shall be 1d. an
acre per annum for the first two years, 2d. for the third year,
3d. for the fourth year, and 6d. for the fifth year. -
Rent under Mineral Leases.-The rent payable under a
mineral lease granted under section 81 of the Mining Act shall
be 2s. 6d. an acre or part of an acre per annum; but, should
the prescribed royalty exceed the amount of rent in any one
year, such rent shall for that year cease. -
Royalty under Mineral Leases.-The royalty payable
under a mineral lease shall be one twentieth of the value
of the mineral at the pit's mouth, and such value shall be
fixed before a lease is issued. -
Labour under Mineral Prospecting Warrants.-Within
three months after the issue of a mineral prospecting warrant
the holder shall keep employed upon or in connection with
the area comprised in the warrant at least two workmen for
every area of 100 acres or under. -
Reports and Statements of Expenditure to be furnished.--The holder of a mineral prospecting warrant shall every six
months transmit to the Inspector of Mines of the district a
statement, verified by statutory declaration, of the amount
expended during the preceding six months under the mineral
prospecting warrant, together with a short report of the
nature of the prospecting operations during the same period.
Copies of all such statements and reports shall be forwarded
to the Under-Secretary of Mines. -
Labour under Mineral Leases.-The lessee shall, within
six months after the date of the mineral lease, commence and,
thereafter during the term of the lease continually prosecute
mining operations on the demised land for the specified
mineral, and for that purpose shall at all times during the
first two years of the term keep employed upon or in connection with the demised land and his said mining operations
thereon at least one workman for every full area of 10 acres
or less therein contained, and thereafter during the term at
least two workmen for every such area, provided as follows:-
(a.) For the purpose of compliance with the aforesaid
labour-conditions there shall be included all work
done in the construction or erection of machinery or
in preparations indispensable to the actual commencement of mining operations.
(b.) To the extent of one-half of the number of workmen
which should otherwise be employed the expenditure
of capital shall be equivalent to the employment of
workmen in the proportion of one man for every
£1,000 of capital which shall be expended by the
lessee in plant or permanent works for the purpose
of mining for the specified mineral.
-
Refunds of Deposits.-Refunds of the amount deposited
by an applicant for a mineral prospecting warrant or mineral
lease shall from time to time be made in sums of not less than
£50 on the certificate of an Inspector of Mines that all the
requirements of the Mining Act and regulations have been
complied with, and that at least £100 has been expended in
prospecting the lands comprised in the mineral prospecting
warrant, or the development and working of the lands comprised in the mineral lease, as the case may be, for every £50
applied for as refund. -
Should gold be discovered within the area comprised
in either a mineral prospecting warrant or a mineral lease,
the discoverer shall, if the land is within a mining district,
have the prior right to take up a special claim under the
provisions of the Mining Act; but if the land is not within a
mining district the locality must be brought under the operations of the Mining Act, when the discoverer will have a
prior right to take up a special claim. -
Should any mineral other than the mineral specified
in a mineral prospecting warrant or mineral lease be discovered,
the discoverer shall, on giving an undertaking in writing that
he will not interfere with the operations of the holder of the
original warrant, have the right to acquire a warrant to prospect for the mineral he may have discovered upon the same
terms and conditions as are prescribed for the original warrant,
and at the end of the term of the second warrant the holder
shall have the prior right to acquire a mineral license to the
extent and under the conditions prescribed by section 106 of
the Mining Act.
CLAIMS.
Classes and Subdivisions.
- Claims are divided into the following classes according
to size :—
(1.) Ordinary claims.
(2.) Extended claims.
(3.) Special claims.
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VUW Te Waharoa —
NZ Gazette 1926, No 76
NZLII —
NZ Gazette 1926, No 76
✨ LLM interpretation of page content
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Regulations under the Mining Act, 1926
(continued from previous page)
🌾 Primary Industries & ResourcesMining Act, Regulations, Prospecting Warrants, Licenses, Mineral Leases