Gold Mining Lease Regulations




of a Receipt, showing that a fee of one pound, together with the first half-year’s rent, has been paid to the Receiver of Land Revenue or Gold Receiver for the District.

  1. Execution of Lease.

Upon receiving the lease the Warden aforesaid 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 Secretary, and the Superintendent may thereupon declare the lease forfeited, or 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 refused, either in the first instance, or after a failure to comply with the terms of the notice in the last preceding section mentioned, or if any application for a lease shall be withdrawn, a notice thereof shall be published in the Government Gazette, and the Warden shall thereupon instruct a Mining Surveyor to proceed without delay to the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 applicants 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 expenses 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. Area of Leases.

The extent of any lease granted under these 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 in 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 or rents would, under special circumstances, be desirable, the same may be extended, diminished, or otherwise altered, and such covenants, conditions, and stipulations may be imposed, and such rents and royalties reserved, as may be considered necessary.

  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 hereto annexed, marked E, and the execution thereof shall be attested by a Justice of the Peace, and every such power of attorney shall be registered in the office of the Registrar of Deeds before it shall be acted upon.

SCHEDULE A.

(Form of Application for Lease).

Place and Date.

To

Sir,—I hereby deposit the sum of Twenty pounds as required by the Mining Lease Regulations of Otago, and I agree, if my application (the particulars of which are hereunder set forth) be investigated, that such sum shall in all respects be held subject to the terms of such regulations, and that upon the approval of this application, I will execute a lease upon the basis therein stated if the Governor shall think fit to grant the same.

I have &c.,

(Signature of Applicant).



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1863, No 272





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Gold Mining, Lease Regulations, Survey, Objections, Otago