[NEW ZEALAND GAZETTE]

[REGULATIONS]

The average depth is 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, upon sufficient cause being shown, to suspend the operations of this section for a further period of two months, and a certificate of such suspension shall be given in writing to the holders of such license.

11. Licenses to be renewed.

Every license for a water-race shall be renewed annually, and if any such license is not so renewed within sixty days after the expiration of twelve months from the date at which it has been or may be granted, it shall be deemed to be forfeited, and the registration thereof shall be cancelled.

12. Repairs of races, bridging, &c.

The holder or occupier of any water-race shall keep the same in repair, and shall make an efficient bridge or crossing where any road which has been in ordinary use prior to the construction of such race, crosses the water-race, upon being required to do so by the Warden.

13. Reservations.

No license shall be granted under the authority of these Regulations for the use or diversion of any water which is or may be required for public purposes, or for the use of the miners generally.

14. Water for general use.

Two sluice heads of water shall, if required, be at all times allowed to flow in the natural course of any stream for general use.

15. Side-streams.

Where a water race crosses any water course, the use of which is required by holders of miners’ rights or by the owners or occupiers of any land, such water race shall be carried either over or under such water course, so as not to interfere with the natural flow of water therein.

16. Tail-water may be used.

Water from a tail-race may be used by any person, provided that such does not interfere with the proper discharge of tailings.

17. Causing claims to be flooded.

No person shall back the water of any creek, river, race, or water course upon any claim, or otherwise cause any claim to be flooded either wilfully or by neglect.

18. No person entitled to hold license for more water than the race is capable of carrying.

If the holder of a water-license does not construct a race of sufficient capacity to carry the number of heads registered, such number of heads over and above what the race is actually capable of carrying shall be liable to forfeiture.

19. Main tail-race for mining purposes.

When the majority of persons from whose claims water or tailings flow to a common outlet, are desirous of constructing a main tail-race, said majority shall make application in writing to the Warden in the form appended hereto, and the said majority shall be empowered to frame conditions, subject to the approval of the Warden, for the construction of such main-race by the joint labor or contributions of all persons interested in the construction of such tail-race as aforesaid, and the occupiers of such tail-race may, from time to time, make or alter rules for the extension or repairs of such tail-race, and all such rules or alterations shall be binding when signed by a majority of the persons using the same.

Form of Application.

(District and date)

To the Warden at
We, the undersigned, being a majority in number of persons from whose claims water or tailings flow to a common outlet, hereby make application for a main tail-race, commencing at..........................................................and terminating at.........................................................
And we declare the following particulars to be true in every respect:—
The length of such race is..........................................................

The average depth is.................................. (Signatures, &c.)

N.B.—Objections to the above application must be lodged with the Warden within fourteen (14) days from the date hereof.

20. Construction of tail-races.

Before any person shall construct a tail-race, he shall first proceed by notice in the same manner as is directed in sub-section I. of Regulations; but such notice shall only require to be posted seven (7) clear days, at the expiration whereof the Warden shall grant a certificate for the same, provided there is no valid objection thereto.

21. Use of tail-races for drainage.

Any person wishing to use a tail-race may do so on condition of first paying to the owner thereof a proportionate share of the expense of construction, and such proportionate share of expense, if necessary, shall be decided by arbitration, provided always that the person so using any tail-race shall assist in clearing the same, whenever it shall be necessary to do so.

22. Flood-races may be carried through claims.

Any person or persons shall be entitled to construct a head-race, tail-race, or flood-race, over, under, or through any claim, provided it does not interfere with the proper working of the same, and that compensation shall be allowed for estimated damage, if any, and such compensation shall, if necessary, be decided by arbitration.

23. Tail-race to be protected.

Subject to the provisions of section 9, the holder of any claim requiring or using a tail-race in connection with his claim, either for drainage or for other purposes, shall be protected in the occupancy of such additional area as may be necessary for the preservation thereof in a proper state of efficiency.

24. Ground-sluice for saving gold.

No person shall be allowed to deposit earth, tailings, or other substances, in any ground-sluice, or race for saving gold, nor otherwise interfere therewith, unless by the express permission of the owner thereof.

25. 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, and a memorandum thereof made upon the back of the original certificate.

26. Working ground occupied for races.

Any person desirous of working the ground on which any race or portion of a race is situated may do so by paying compensation therefor, the amount of such compensation to be determined by the Warden and Assessors, or by first providing an equally good race for the use of the occupier; but it shall be optional with the person working the ground either to construct a new race or to pay the amount of compensation adjudged. And if he elects to construct a new race, the same shall be subject to the approval of his Warden and Assessors in the event of dispute.

XI.—DAMS, PUDDLING MACHINES, AND SLUICE CHANNELS.

1. Notice of construction or erection to be given.

Any person intending to form a dam, or to erect a puddling-machine, or to construct a sludge-channel, shall mark out the proposed site of such dam or puddling-machine in the manner prescribed for ordinary claims, and the proposed course of such sludge-channel in the manner prescribed for water-races, and shall give notice thereof in writing to the Warden; and the said notice shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained by the applicant for fourteen clear days upon the proposed site of such dam, machine, or sludge-channel. And at the