✨ Mining Regulations
105
VI.—CREEK CLAIMS.
1.—Notice of Diversion to be given.
Any person desirous of diverting the course of a permanent stream for the purpose of working the bed thereof as a creek claim, shall first give notice of his intention to the Warden, and to all parties working in, or occupying claims adjoining the proposed line of diversion. Such Notices shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained, for a period of Ten clear days, at the points proposed for the commencement and termination of such diversion, as aforesaid, and if no valid objection be entered thereagainst within the aforesaid period, the Warden may issue a Certificate of Registration to the applicant.
FORM OF NOTICE.
(District and date)
No. I hereby give notice that I intend to divert the course of (name of stream) and to form a new channel therefor, commencing at a point situate ( ), and terminating at a point ( ).
(Signature, &c.)—
- Here insert, with sufficient accuracy, the localities
Section 2.—Wall to be Allowed.
Holders of creek claims shall be allowed a sufficient wall between the channel of diversion and the bed of the stream; and the width of such wall shall be defined by the Warden.
VII.—ROADS, &c.
1.—Right of Water and Roadway.
Every person holding a claim under these regulations shall be entitled to a supply of water for his use in connection therewith, and to a roadway whereby he may, at all times, obtain free ingress and egress thereto and therefrom.
2.—Sludge and Water to be kept off Roads.
No person shall allow any sludge or water to run or spread over any road or crossing place.
3.—Protection to Public Roads.
No person shall dig within the distance of five feet from any road in common use, nor drive underneath, nor in any way interfere with such road without first obtaining the authority of the Warden.
4.—Alteration of Roads.
Any person desirous of altering the direction of any road, and of occupying the site thereof for mining purposes, shall give notice thereof in writing to the Warden, and post and maintain a copy of such notice in a conspicuous part of such road for three clear days, upon the expiration whereof the Warden may authorise such alteration to be made.
5.—Right of Roadway over Claims.
Upon any twenty or more persons applying for a road or crossing-place over any occupied claim or claims, the Warden shall determine whether such road or crossing-place is necessary, and shall make such order relative thereto as he may deem requisite: provided that it shall be lawful for the holder or holders of such claim or claims to work the ground over or through which such road or crossing-place shall pass.
VIII.—PROTECTION.
1.—Protection for Seven Days.
The Warden may, without prior notice, grant protection to any claim for a period not exceeding seven days: provided that at the time of making application therefor, the applicant shall produce the consent in writing of the four parties working or occupying claims nearest to that for which protection is sought; and such protection shall be given in writing in the form hereafter provided, and a copy thereof shall be posted on the claim.
FORM OF PROTECTION.
(District and date)
No. I hereby give notice that I have granted protection for days to the claim occupied by and situate at
(Signed)
Warden.
2.—Protection for extended period.
If any person shall be desirous of obtaining protection for a claim for a longer period than seven days, he shall give notice in writing to the Warden, and to the four parties working or occupying claims nearest to that for which protection is sought, who shall sign such notice, expressing their assent thereto or dissent therefrom. Such notice shall be in the form hereinafter prescribed; and a copy thereof shall be posted and maintained by the applicant on the claim for three clear days, at the expiration whereof, if no valid objection be entered, the Warden may issue a Certificate of Registration to the applicant, and such Certificate may be for the period named in the application, or for any less time.
FORM OF NOTICE OF APPLICATION FOR PROTECTION.
(District and date)
No. I hereby give notice that I desire to obtain a Protection Certificate for (here state the time) my claim situate at , and that the following particulars are true in all respects—
- Classification of Claim ..........................
- Date at which occupation commenced .............
- Time during which the Claim has been worked ....
- The Claim (has not, or has) been protected before*..
- Cause for which protection is required ............
(Signature, &c.)
(Signature No. of Miner’s Right.)
- If the claim has been protected before, the applicant must state when, and for what period.
3.—Information to holders of Miners’ Rights.
When any claim is under protection for a longer period than seven days, the occupier thereof shall post and at all times maintain on some conspicuous part of the said claim, a board not less than nine inches square, with the word “PROTECTED” and the number of his Certificate painted legibly thereon.
4.—Limitation of Protection.
Protection for a longer period than seven days shall not be granted to any claim which has not been fairly wrought for at least one month. The most extended period for which protection may be granted at any one time shall be Thirty days; and such protection shall not be renewed unless it is proved to the satisfaction of the Warden that the claim is unworkable.
5.—Renewal of Protection.
Application for renewal shall be made in the same manner as is provided in Section 2; and such renewal, if granted, shall be endorsed on the back of the Certificate, and recorded in the Registration Book.
6.—Protection during Notice.
When any Notice has been given and posted in conformity with these Regulations, the claim, right, or privilege to which such Notice may refer, shall be protected during the currency thereof, and until the application has been finally dealt with by the Warden.
7.—Protection during Operations.
All claims, rights, and privileges, of whatsoever nature, lawfully held and enjoyed under these Regulations, shall be protected during the time that the owners or holders thereof shall be actually engaged in operations connected therewith.
IX.—REGISTRATION.
1.—Permissive Registration.
All claims, rights, and privileges, may be registered. Mining Partnerships, and Agreements between holders of Miners’ Rights or Business Licenses, may be registered.
2.—Registration of Huts.
The Holder of a Miner’s Right may, on application to the Warden, register his hut or place of abode; and any hut or place of abode so registered shall be protected during the absence of the owner for such a period not exceeding six months, as may be assigned.
3.—Registration Fees.
Except where it is otherwise expressly provided, the fee payable in respect of the several Registrations mentioned in these Regulations, shall be two shillings and sixpence: such fees shall include payment for copies of notices, but not for any survey.
4.—Information to the Public.
Any person requiring any information from the Transaction Book of the Mining Registrar may obtain the same on payment of one shilling; and it shall be the duty of the Mining Registrar to furnish such information.
Next Page →
✨ LLM interpretation of page content
🌾
Revocation and Replacement of Otago Gold Fields Rules and Regulations
(continued from previous page)
🌾 Primary Industries & ResourcesGold Fields Act, Rules, Regulations, Mining, Otago, Water Rights, Races, Dams, Puddling Machines, Creek Claims, Diversion, Roads, Protection, Registration
Otago Provincial Gazette 1864, No 329