✨ Mining Regulations




3186
THE NEW ZEALAND GAZETTE.
[No. 76
As to Compensation payable by the Crown in respect of Water-
courses set apart for Discharge of Tailings.
100. The claim for compensation to be prescribed under
section 133 of the Mining Act may be made in the form
numbered 61 in the First Schedule hereto, or to that effect.
General as to Compensation payable by the Crown.
101. Subject as last aforesaid, all claims for compensation
against His Majesty under the Mining Act may be made in
such of the forms provided by the Public Works Act, 1908,
as are applicable, with all such modifications and alterations
as the circumstances require.
STATISTICS.
102. (1.) Every holder of a claim shall, during the month of
January in each year, forward to the Inspector a return, in
the form numbered 62 in the First Schedule hereto, under
the hand of the holder or manager of the claim, setting forth
in respect of such claim the particulars mentioned therein for
the year ending on the last day of the preceding month.
(2.) Every holder of a water-race license shall, during the
month of January in each year, forward to the Mining Registrar
a return in the form numbered 63 in the First Schedule hereto,
under the hand of the holder or manager of the water-race,
setting forth in respect of such water-race the particulars
mentioned therein for the year ending on the last day of the
preceding month.
103. Every bank, by some responsible officer thereof, and
every gold-buyer other than a bank, shall, during the month
of January in each year, forward to the Inspector a return in
the form numbered 64 in the First Schedule hereto, under the
hand of such officer or buyer, setting forth the particulars
therein mentioned for the year ending on the last day of the
preceding month.
DUPLICATES OF DOCUMENTS LOST OR DESTROYED.
104. For the purposes of the issue of duplicates of lost or
destroyed documents under the provisions in that behalf
contained in section 433 (2) of the Mining Act, the following
provisions shall apply:-
(1.) The application for the duplicate may be in the form
numbered 65 in the First Schedule hereto, and shall
be filed in the office of the Registrar, but need not be
notified or advertised.
(2.) The statutory declaration embodied in the application
shall be exempt from stamp duty.
(3.) The Warden, if satisfied with the proof of loss, may
order the Registrar to issue a duplicate, and in such
case the Registrar shall issue the same accordingly.
(4.) The duplicate shall be a copy of the original, with the
addition of the words-
"Duplicate, issued this day of
19 , in lieu of the original, which has been lost [or
destroyed].
"A.B., Registrar."
(5.) The application may be disposed of summarily at any
time after it is filed.
(6.) The only fee payable shall be the application fee of 3s.
TIMBER-CUTTING RIGHTS.
As to Holder of Miner's Right or Mining Privilege.
105. The holder of a miner's right shall, as such holder, and
without application to the Warden, be entitled to cut and use
for his own domestic purposes, or for the purposes of erecting
any building or fence on any mining privilege held by him (but
for no other purpose), any timber growing or standing on any
available unalienated Crown land open for mining:
Provided that the rights conferred by this regulation shall
not be exercisable in respect of-
(a.) Land comprised in any mining privilege held by any
other person ; nor in respect of
(b.) Kauri-trees or any such trees as are reserved by the
Warden.
106. (1.) The rights by the last preceding clause of these
regulations conferred upon the holder of a miner's right shall,
in the case of the holder of a mining privilege, be exercisable
by such last-mentioned holder in respect of timber (other than
kauri or reserved trees) growing or standing on the land com-
prised in such mining privilege or, in so far as suitable timber
is not obtainable on such land, then on any other available
unalienated Crown land open for mining, nevertheless for the
purposes only of his own domestic use, or of the erection of
buildings or fences on such first-mentioned land, or the carry-
ing-on of his mining operations thereon.
(2.) The holder of such mining privilege shall be entitled
to do such cutting of timber, if such holder shall so desire,
either on wages or by a contract for the cutting and delivery
of such timber, as such holder may require for any of the
purposes aforesaid; provided, however, that in the latter
case the contractor or contractors shall be employed solely
by the holder of such mining privilege; and provided, more-
over, that for each separate contract the holder of the mining
privilege shall obtain a license under Part X of the Land
Act, 1924, and shall pay the fees and royalty prescribed
thereunder.
FEES IN RESPECT OF MINING PRIVILEGES.
107. Subject to the specific provisions of the Mining Act
and these regulations relating to specific fees, the fees speci-
fied in the Sixth Schedule hereto shall be payable in respect
of the matters therein mentioned.
WARDEN'S COURT.
Office Hours.
108. (1.) The office of the Court shall be open to the public
every day from 10 a.m. to 1 p.m., and from 2 p.m. to 4 p.m.,
except on Saturdays, Sundays, and holidays. On Saturdays
the office shall be open to the public from 10 a.m. to 12 noon,
and on Sundays and holidays the office shall be closed:
Provided that when the Clerk has to attend more offices
than one he shall keep his office open on such days and hours
as the Warden from time to time appoints.
(2.) A notice of the office hours shall be kept posted in some
conspicuous place in and outside the office.
Holidays.
109. The following days shall be holidays in the Warden's
Court and the offices thereof, that is to say: The days from
Good Friday to Easter Tuesday (inclusive); the days from
Christmas Eve to 3rd January (inclusive), and all statutory
holidays; and in each district the anniversary of the founda-
tion of its province.
Minute-book, Plaint-book, Record-book, &c.
110. The Clerk shall keep a book, to be known as the minute-
book, in which shall be entered minutes of all interlocutory
proceedings and of all temporary appointments, whether of
officers pursuant to the Mining Act or of office days or
hours; pursuant to these regulations. He shall also keep a
plaint-book in the form numbered 66 in the Third Schedule
hereto, and a record-book in the form numbered 67 in the
Third Schedule hereto, wherein he shall enter the particulars
therein specified.
111. The forms numbered 68 to 87 in the Third Schedule
hereto may be used in respect of proceedings in the Warden's
Court, or of documents to be filed or lodged therein, and if
for any such proceedings there is no form prescribed, the
Warden may prescribe the form to be used.
Fees.
112. The fees specified in the Sixth Schedule hereto shall
be payable in respect of the matters therein mentioned, and
the allowance to witnesses in proceedings in the Warden's
Court shall be those specified in the same Schedule.
DEVELOPMENT OF THE MINING INDUSTRY.
Aid to prospecting Deep Levels.
113. With respect to the assistance which may be given
by the Minister or local authority towards prospecting deep
levels, the following provisions shall apply :-
(1.) A "deep level" to prospect quartz lodes shall mean
prospecting operations undertaken to prospect auri-
ferous lodes down to a depth of not less than 1,000 ft.
below the level of the natural surface of the ground,
or such less depth--in no case being less than 150 ft.
-as in special circumstances the Minister or the
local authority approves.
(2.) A "deep level" in alluvial drift shall mean prospecting
operations undertaken to prospect alluvial drifts at
a depth of not less than 250 ft. below the natural
surface of the ground, where it is necessary to erect
pumping machinery to lift not less than 250 gallons
of water per minute.
(3.) The number of deep levels for the prospecting whereof
assistance may be granted shall be confined to three
mining districts-namely, one in the North Island,
one in the west of the South Island, and one in Otago,
and not more than one deep level shall be assisted in
any such district at one time.
(4.) Any person desirous of obtaining assistance for pro-
specting deep levels shall make application in writing
to the Minister or local authority, stating the locality
and nature of the work proposed to be done.



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🌾 Regulations under the Mining Act, 1926 (continued from previous page)

🌾 Primary Industries & Resources
Mining Act, Regulations, Compensation, Statistics, Timber-cutting, Fees, Warden's Court, Mining Industry