Gold Mining Regulations




481

III. — Miscellaneous Provisions.

Gold workings distant not less than ten miles from existing workings, may have allotted them an extent of ground not exceeding quadruple the area of an ordinary claim: Provided that the increased grant shall not be given to more than four persons composing any party.

3. — Area on Quartz Reef.

The discoverer of an auriferous Quartz Reef may have allotted to him an area not exceeding in the whole 200 feet in length, measured along the course of the lode or vein, by a width of 100 feet upon each side of the course.

IV. Water Rights and Races.

1. — New Races.

Any person intending to divert and use water for mining purposes by means of any race, shall give notice thereof, in writing to the Warden, in the form hereinafter set forth; and copies of such notice shall be posted and maintained for 14 clear days at the source whence it is proposed to obtain water, and at intervals of not more than a quarter of a mile along the intended course of the race. And if no valid objection be entered against such race within 14 clear days from the posting of such notices, a Certificate of Registration may be granted by the Warden to the applicant.

FORM OF NOTICE.

(District and date.)

To the Warden at

I hereby give notice that I intend to construct a Water Race for mining purposes, commencing at a point ( ) and terminating ( * ). The length of such race is ( ) or thereabouts, and its intended course is ( ).

(Signature and address in full of applicant.)—

  • Here describe precise localities.

2. — Races already cut may be Registered.

Races already cut may be registered with the Warden, and a Certificate of such registration issued, as provided in the preceding Regulation.

3. — Superiority of Right.

Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases when the occupier claims under a certificate or other authority in writing granted by a Warden or Commissioner, occupation shall be taken to have commenced at the date of such certificate or authority.

4. — Races to be commenced within one month.

The cutting and formation of races must be commenced within one calendar month from the date of registration, and the occupiers shall continue cutting and forming the same until the work is completed, otherwise any superiority of right to which they may be entitled by virtue of such registration shall be deemed to be forfeited.

5. — Superiority of Right forfeited by abandonment.

If any race is abandoned for the space of one calendar month, at a time when water was available for it, occupation of the right shall be deemed to have commenced at the last re-occupation thereof.

6. — Abandonment of Races.

All right to any race shall become forfeited if abandoned for the space of one calendar month, unless in cases of sickness or unavoidable absence, or in consequence of failure of water; but it shall be lawful for the Warden, in his discretion, upon sufficient cause being shown, to suspend the operation of this Regulation for a further period of one month, and such suspension shall be given in writing to the occupiers.

7. — Heads of Races.

All races that may hereafter be cut, shall have a point specified at which they shall be taken from the creek or river. In races already cut, the point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.

8. — Alteration of Races.

The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race; and the holders thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race.

9. — Insufficient Supply of Water.

If the water flowing in any creek or river is insufficient to supply all the races connected therewith, the owner of any right shall—on receipt of a written notice from the owner of a superior right, stating that the supply of such superior right is less than it is entitled to—immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right.

10. — Water Guage.

If any dispute shall arise between holders of water-rights deriving their supply from the same creek or watercourse, relative to the quantity of water to which each of them, the said holders, is or may be entitled, the following shall be taken to be a head of water, and such holders shall be limited thereto:—

A stream of water running for twelve hours on each day to be guaged by a box, 6 feet long, and 20 inches wide, with an opening of a uniform depth of 2 inches across the bottom. The box shall be fixed level in the race, the lower edge of which shall be level with the edges of the box.

11. — Number of Sluice Heads allowed.

The number of sluice heads allowed for any such race, as aforesaid, shall be as follows:—

One or two miners, one sluice head; four or more miners, two sluice heads; and so on at the rate of one sluice head to every additional three miners.

12. — Water not to be Wasted.

Holders of rights shall not allow any water to run to waste; but such water shall be appropriated to the use of the next holder of a right, according to the date of their respective registrations.

13. — Transfer or Assignment.

The transfer or assignment of any race, or of any interest therein, shall not affect any right or privilege attached to such race: provided that any such transfer or assignment shall have been duly registered at the office of the Warden.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1862, No 193





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🗺️ Preliminary Regulations for Otago Gold Fields (continued from previous page)

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Regulations, Gold Fields, Claims, Mining, Otago