JUNE 16.] THE NEW ZEALAND GAZETTE. 2085

ing and terminal points, and also at intervals of not
more than 100 yards along the proposed course of
the tramway.

(j.) The marking-out shall in every case be maintained
until the coal-mining right is granted, or the applica-
tion therefor is finally disposed of.

APPLICATIONS IN RESPECT OF COAL-MINING RIGHTS.

52. For the purposes of section 21 of the said Act, but
    subject to the specific provisions elsewhere contained in that
    Act or these regulations with respect to specific applications,
    the following general rules, in so far as they are applicable,
    shall be observed with respect to every application to the
    Warden under that section—

(1.) The application shall be made in such one of the forms
numbered 11 and 12 in the Schedule hereto as is applicable,
or, if none of those forms is applicable, then in such form
as the Warden prescribes or authorizes, and shall be filed by
or on behalf of the applicant in the office of the Mining Regis-
trar during office hours as defined in clause 56 of these regu-
lations.

(2.) The application shall be transmitted to the office of
the Mining Registrar by post or otherwise, and in the event
of its reaching the office after office hours the time of filing
shall be deemed to be the hour when the office is next open
for business.

(3.) If the application is for a coal-mining right requiring
to be marked out, it shall be marked out in accordance with
clause 51 of these regulations before the application is filed ;
and unless this rule is complied with the application shall be
deemed to be void.

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

(5.) When filing the application there shall also be lodged
with the Mining Registrar, by or on behalf of the applicant,
such number of duplicate originals thereof, being in no case
less than two nor more than five, as the Mining Registrar
may require.

(6.) The sums to be lodged with the application under para-
graph (b) of section 21 of the said Act, to abide the disposal
of the application, shall, according to the nature of the
application, be the sums set forth in Form 17 in the Schedule
hereto ; or, in so far as that Schedule does not apply, then
such sums as the Warden or Receiver directs :

Provided that, in every case where it appears to the
Warden or Receiver, that the sums so lodged are insufficient,
the applicant shall forthwith, after demand in writing by the
Receiver, lodge such further sum as is specified in the de-
mand ; and if such demand is not complied with the Warden
may either postpone or dismiss the application upon such
terms as to costs and otherwise as he thinks fit :

Provided also that the sums deposited under these regula-
tions as rental shall be refunded to the persons entitled thereto
without deduction in the event of the application not being
granted.

(7.) The Warden, before disposing of the application, shall
satisfy himself that the sums lodged as aforesaid are sufficient
to pay all fees and other charges in respect whereof the lodg-
ment has been made, and they shall be applied in payment
thereof accordingly, and the surplus (if any) shall be returned
to the person entitled thereto.

(8.) As soon as practicable after the filing of the applica-
tion and the lodging of the duplicate originals the Mining
Registrar shall minute thereon the time and place of hearing
appointed by the Warden (such time being not less than the
sixteenth day after the day of the filing of the application),
and, for public information shall affix one of the duplicates, or
an abstract of its subject-matter, in a conspicuous place out-
side the Courthouse where the application is to be heard.

(9.) 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 regis-
tered letter containing a copy of the minuted application or
of the advertisement thereof, or by delivering such copy to
him personally.

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

(11.) As soon as practicable after the filing of the application
and in no case less than three days before the day appointed
for the hearing thereof, the applicant shall file a declaration in
the form numbered 14 in the Schedule hereto ; and unless this
rule is complied with the application shall be deemed to be
void.

(12.) 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 office of the Mining Registrar
a notice in the form numbered 13 in the Schedule hereto,
and by serving on the applicant a duplicate original of such
notice. A copy of the notice shall also be forwarded to the
Inspector of Mines for the district.

(13.) 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.

(14.) At any stage of the proceedings the Warden may allow
the application to be amended in any particular, upon such
terms as to notices, adjournment, costs, and otherwise as he
thinks fit.

(15.) In any case where, in respect of any application or ob-
jection, 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.

(16.) If the applicant does not desire to appear, the declara-
tion referred to in paragraphs (e) and (f) of section 23 of the
said Act shall be in the form numbered 15 in the Schedule
hereto.

(17.) All applications shall be numbered consecutively by the
Mining 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 “Applica-
tion Record-book.”

(18.) The appointment and notification by the Warden
as to the time and place for the hearing of any applica-
tion, or for the holding of any preliminary inquiry,
may be made by him in such manner as he thinks fit, and
may in like manner be made by any officer acting under the
general instructions of the Warden.

(19.) (a.) Every application to the Minister under section 18
of the said Act, for any right in respect of the timber, trees,
metals, or minerals excepted out of any coal lease by para-
graphs (b) and (c) of subsection (1) of section 18 may be made
to the Warden nearest to the place where the lands are
situated, in the manner prescribed by sections 21 and 22 of the
said Act, the provisions of which shall, mutatis mutandis,
apply.

(b.) The Warden shall hear such application and any objec-
tions thereto, and shall forward the application to the Minister
together with a copy of the evidence taken at the hearing and
with his recommendation thereon ; and the Minister may, in
his discretion, refuse the right applied for, or may grant the
same on such terms and conditions as he thinks fit.

GENERAL re COAL-MINING RIGHTS.

53. The commission to be deducted under subsection (3)
    of section 4 of the said Act to meet administration and other
    charges shall be at the rate of 5 per centum of the revenues
    collected.

54. The regulations made under the Mining Act, 1926, or
    any amendments thereof, with respect to surveys shall, mutatus mutandis, apply to surveys required in pursuance of
    the Coal-mines Act, 1925, or these regulations.

55. (1.) All proceedings under sections 28 and 30 of the said
    Act for the cancellation of a coal-prospecting license or a
    tramway license or a way-leave or other easement granted in
    pursuance of the said Act shall be commenced by filing in the
    Warden’s Court an application in the form numbered 16 in
    the Schedule hereto.

(2.) When filing the application there shall also be lodged
with the Mining Registrar, by or on behalf of the applicant,
such number of duplicate originals thereof, but in no case
less than two nor more than five, as the Mining Registrar may
require.

(3.) As soon as practicable after the filing of the application
and the lodging of the duplicate originals, the Mining Regis-
trar shall minute thereon the time and place of hearing ap-
pointed by the Warden, and for public information shall
affix one of the duplicates, or an abstract of its subject-
matter, in a conspicuous place outside the Courthouse where
the application is to be heard.

(4.) On the day on which the application is filed, or as soon
thereafter as is practicable, the Mining Registrar shall notify