Gold Mining Lease Regulations




if any, thereto, and the evidence taken by
him as aforesaid, with his opinion thereon,
together with the report, plan, and tracing
furnished to him by the Surveyor, as here-
inbefore directed.

  1. Governor to issue Leases.

The Governor will, if he shall think fit,
upon the recommendation of the Superin-
tendent of Otago, issue to any Applicant a
lease of the land applied for, or any part
thereof, after the time prescribed by the
seventh section of the Gold Fields Act,
1858; viz., three months after notice of
the intention to grant the same shall have
been published in the Government Gazette,
and at least one of the local newspapers
best calculated, in the opinion of the Go-
vernor, to give publicity to the same
amongst the persons specially interested.

  1. Date of Lease.

Every Lease will bear date the day of
execution thereof by the Governor, and
will be transmitted to the Warden, at
whose office the same may be obtained,
and the Warden shall deliver the same to
the applicant, or such person as shall be
duly authorised to receive and execute the
same, upon his application therefor, and
execution thereof, within the time here-
inbefore prescribed, and upon delivery
to the Warden of a Receipt showing that
a fee of one pound, together with the first
half-year’s rent, has been paid to the Re-
ceiver of Land Revenue or Gold Receiver
for the District.

  1. Execution of Lease.

Upon receiving the lease, the Warden
shall cause notice to be given to
the lessee or lessees requesting his, or
their attendance at the Warden’s office, or
other convenient place, to execute, and
take delivery thereof, within a reasonable
time, not exceeding thirty days from the
date of such notice; and should the said
lessee or lessees, or his or their lawful
Attorney, as hereinafter provided for, fail
to comply therewith, or to show reasonable
cause for an extension of the time allowed
for the purpose, the Warden shall report
the circumstances to the Provincial Se-
cretary, and the Superintendent may there-
upon declare the lease forfeited, and take
such other action therein as he may think fit.

  1. Proceedings in case of Refusal of Lease.

If any lease so applied for shall be re-
fused, either in the first instance, or after
a failure to comply with the terms of the
notice in the last preceding Section men-
tioned, or if any application for a lease
shall be withdrawn, a notice thereof shall
be published in the Government Gazette,
and the Warden shall thereupon instruct
a Mining Surveyor to proceed without
delay to the ground, described in such
Mining Lease, and cause all posts, notices,
&c., by which such ground shall have
been distinguished, as applied for under
the leasing regulations, to be removed;
and further to notify, for the information
of the Miners in the vicinity, that such
ground is open to persons holding Miners’
Rights or Business Licenses, or to Appli-
cants for a Lease, as if no lease of the
said ground had ever been applied for.

  1. Costs.

All costs and expenses incurred by, or
on behalf of, or by direction of the
Government, by reason of the withdrawal
of any application for Mining leases, or of
the non-execution of any such lease within
the time aforesaid, shall be considered ex-
penses within the meaning of the second
clause of these Regulations.

  1. Term.

The term of the lease cannot in any
case exceed fifteen years.

  1. Areas of Leases.

The extent of any lease granted under
the regulations shall be, except in special
cases hereinafter provided for, on quartz
lodes or veins, not less than one hundred
(100) yards, nor more than four hundred
(400) yards in length along the line of
the lode, by a width of not less than fifty
(50) yards, nor more than two hundred
(200) yards measured across the lode; and
in alluvial workings an area not exceeding
ten (10) acres.

  1. Rents.

The rents received shall in all cases be
at the rate of five pounds per acre, and the
said rents shall be made payable half-
yearly in advance, during the entire term;
and the day of the execution of the lease
by the Governor shall be deemed to be the
day upon which the first payment shall be
due.

  1. Special Cases.

In cases where it shall be shown that a
departure from the foregoing areas of
leases, by reason of special circumstances,
would be desirable, the same may be exten-
ded, diminished, or otherwise altered, and
such covenants, conditions, and stipulations
may be imposed, and such rents and royal-
ties reserved, as may be considered neces-
sary.

  1. Attorney may be appointed.

In case of the inability of any lessee or
lessees, by reason of absence, sickness, or
any other lawful impediments, to execute
a lease, the lawful Attorney or Attorneys
of such lessee or lessees shall be permitted
to execute such lease for and on his or
their behalf.

  1. Power of Attorney.

All such Attorneys shall be appointed
under Power of Attorney, in the form, or
to the effect, set forth in the schedule here-
unto annexed, marked E, and the exact
tenor thereof shall be attested by a Justice
of the Peace, and every such Power of



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 254





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🗺️ Gold Mining Lease Application Process (continued from previous page)

🗺️ Lands, Settlement & Survey
Gold Mining, Lease Application, Survey, Objections, Regulations