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5. Roads over drains to be bridged.

When Sludge or Water Drains run across or under any road in general use, a substantial bridge (the culvert of which shall be of sufficient size to carry off the sludge or water) shall be constructed and kept in repair by the owner of the machine whence such sludge or water proceeds.

6. Abandonment of dams or machines.

Any dam or machine not commenced within seven (7) days from the date of the grant thereof, or not completed within the time stated in the notice, or any dam or machine unoccupied for one calendar month, during a period when sufficient water has been available, shall be deemed to be abandoned, and shall be open for occupancy by any holder of a miner’s right, without the necessity of recourse to judicial proceedings, but subject to the same provisions as abandoned claims: Provided that the Warden shall have power to extend the time for construction if he shall deem it necessary.

7. Injury to property by dams.

If any claim shall be flooded, or property injured by the bursting of any dam-bank, the owner of such dam shall be liable for any loss or damage occasioned thereby: Provided that it shall be proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam.

8. Sites proving auriferous.

If it shall be proved that the ground occupied by any dam or machine contains auriferous earth or quartz, the owner of such dam or machine may be compelled to leave such dam or remove such machine: Provided that adequate compensation for such leaving or removal shall first have been estimated by assessors, and paid by the person desirous of working the ground.

9. Construction of dams.

In the case of any dam or reservoir hereafter to be constructed, the Warden may, at his own discretion, or shall, at the request of any claimholders, or residents holding claims or residing in the neighborhood of the proposed site of such dam, or on or near to the proposed course of the overflow of water therefrom, cause a surveyor to prepare a specification, setting forth the proper mode of construction, and the necessary strength and thickness of the embankment of such dam, and the width of the by-wash thereof; and the Warden shall thereupon make such orders therein from time to time as shall be necessary.

10. Inspection of dams.

The Warden may at any time direct a surveyor to inspect any dam or reservoir that heretofore has been, or hereafter may be, constructed, and to report upon the strength, security, and fitness thereof, and of any works connected therewith; and such Warden may thereupon make any such order therein as may be necessary.

11. Superintendent may order inspection.

If it shall be represented to the Superintendent that any dam or reservoir is insecure, or of doubtful security, the Superintendent may, if he shall think fit, cause an inspection thereof to be made by a competent engineer; and may, upon the report of such engineer, make any order in respect of such dam or reservoir which may be necessary for insuring the greater security thereof.

12. Certificate or license may be cancelled.

If the owner of any dam or reservoir shall refuse or neglect to comply with any such lawful order as aforesaid, the Superintendent may, if he shall think fit, cause the certificate or license granted for such dam or reservoir to be cancelled, and the embankment thereof to be removed, or make such other order therein as may be requisite.

XII.—DIVERSION OF STREAMS.

1. Notice to be given.

Any person desirous of diverting the course of a permanent stream for the purpose of working the bed thereof, 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 seven (7) 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 shall 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 ( ).

(Signatures, &c.)

XIII.—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, &c.

No person shall allow any sludge or water to run or spread over any road, roadway track, or crossing-place.

3. Protection to roadways, &c.

No person shall dig within the distance of five (5) feet from any roadway or track in common use, nor drive underneath, nor in any way interfere with such roadway or track without first obtaining the authority of the Warden.

4. Alteration of roadways, &c.

Any person desirous of altering the direction of any roadway or track in common use, 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 roadway or track for three clear days, upon the expiration whereof the Warden may authorise such alteration to be made.

5. Mining on streets and roads.

If any holder of a miner’s right shall be desirous of mining upon or under any street, public road, or highway, he shall make application in writing to the Warden for permission to do so, and the Warden shall thereupon forward such application, together with a report thereon, to the General Road Board—if such Board shall have the care and management thereof—or to such other body as shall have such care or management; and such Board or other body shall thereupon decide whether the same can be effected without injury to adjoining property or injury or obstruction to such public road, street, or highway, as the case may be. And thereupon the said Board or body shall issue an order permitting, on such conditions and terms, and subject to such restrictions, as it shall think fit, or forbidding such mining, as the case may require.

6. 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.

XIV.—PROTECTION.

1. Protection for fourteen days.

The Warden may, without prior notice, grant protection to any claim for a period not exceeding fourteen days, provided sufficient cause be shown; and such

• Here insert, with sufficient accuracy, the localities.