✨ Mining Regulations
154
3. Registration of sites.
Business sites may be registered with the Warden for ten days, whilst the holder is engaged in preparing for the occupancy thereof. Such registration may be renewed by the Warden for an additional period of ten days, and such renewal shall be endorsed on the certificate and recorded in the Registration Book.
4. Occupancy of sites.
Business sites can only be held or occupied by holders of business licenses, and no site can be held unoccupied for more than forty-eight hours, unless the same shall be registered as provided in section 3.
5. Information to the public.
When any business site has been registered, the holder thereof shall post and maintain thereon a board, not less than nine inches square, with the word “Business”, the name of the holder, and the date and number of such registration legibly painted or written thereon.
6. Roadway between business sites.
In all cases where practicable, business sites shall be so taken up as to leave a double row of sites, with a roadway between such sites of 66 feet in width.
When any residence area, or business area, shall be proved to be auriferous to be given up for mining purposes to such person as shall have applied for the said ground.
6. Compensation to be paid.
In all cases compensation for actual damage or loss shall be estimated by assessors, and paid to the occupier of such area, by the person desirous of mining thereon, prior to their taking possession thereof.
7. Conditions of working.
The Warden shall make such orders relative to the mode of working the ground, the restoration of the soil, and other conditions as he may deem necessary or desirable.
8. Tent ground.
Subject to the conditions set forth in Sections 3, 4, and 5, the holder of a Miner’s Right shall be entitled to occupy for residence an area of 24 x 48 feet without registration; provided that such area shall not be taken up on known auriferous ground, nor in the line of any workings, nor on land set apart for business purposes.
9. Superintendent may resume possession.
If any Residence-area granted, or any Business-area, or Tent-ground, held under these Regulations, shall be required for any public purpose whatsoever, the Superintendent may resume possession of such residence-area, business-area, or tent-ground: Provided that if the holder or occupier thereof shall be in legal possession at the time of such resumption he shall be entitled to compensation for any actual improvements situated or being on the land so granted or held: And the amount of such compensation shall be ascertained by arbitration.
XVII.—RESIDENCE.
1. Area which may be occupied for residence.
Subject to the conditions hereinafter set forth, the holder of a Miner’s Right shall be entitled to occupy for residence an area of Crown Lands not exceeding an acre, or 4,840 square yards.
2. Residence areas to be registered.
Any person desirous of occupying land under the preceding section, shall mark the corners of the area which he proposes to occupy, with trenches, or substantial posts standing at least three feet above the surface, and shall give notice in writing, in the form hereinafter prescribed, to the Warden of the district, and a copy of such notice shall be posted and maintained in some conspicuous part of such area for the space of seven (7) clear days; at the expiration whereof, if no valid objection has been entered thereagainst, the Warden shall grant a Residence Certificate to the applicant.
Form of Notice.
No. ___
District of ___
186_
I hereby give notice that I desire to occupy for residence [state the extent] of land situate at ___ and that I have this day marked the corners of such land with posts or trenches in conformity with the Gold Fields Regulations.
Signature of the applicant,
and the number and date
of his miner’s right
3. Condition of certificate.
Every such certificate shall be subject to the condition that the holder thereof shall erect and at all times maintain a secure and substantial fence around the land held by virtue thereof, and if any such holder shall fail or neglect to comply with the condition aforesaid, his right to the occupancy of such land shall not be recognised, notwithstanding such certificate; and such certificate may be cancelled, and the land declared to be forfeited by the Warden, upon proof of any such failure or neglect.
4. Discovery of auriferous deposits.
When any auriferous deposits are traced to the boundaries of any land occupied for residence, the Warden may, upon satisfactory proof thereof, authorise the applicant or any other person, by writing under his hand, to enter thereupon, and at such times, and in such manner as he may appoint, to search the land so occupied for a continuation of the said auriferous deposit.
5. Auriferous areas may be worked.
If any residence area, or business area, shall be proved to be auriferous, the Warden shall, upon application, order the whole or such part as shall have been proved to be auriferous to be given up for mining purposes.
XVIII.—BLASTING.
1. Notice to be given.
Any person shall, before firing a blast, post notice signifying the intended time and place of firing such blast on the ground where such blast is to be fired and on every public road or thoroughfare within a quarter of a mile of the said ground, and shall give three (3) hours’ notice to all persons residing within danger distance of the intended time of firing the same, and shall also, one hour before such time, hoist a red flag if between sunrise and sunset, or a red lamp if between sunset and sunrise, as a danger signal, on some very conspicuous place on or near the claim: Provided that this regulation shall not apply to the cases of blasts where only drill bores are used.
XIX.—TUNNELLING.
1. Walls to be left.
A wall of not less than ten feet shall be maintained on each side of any tunnel.
2. Removal of walls.
If any person is desirous of removing any such wall he shall be permitted to do so, provided that he first obtains the consent in writing of the party occupying the adjacent claim; and such consent shall be in the form hereinafter prescribed.
Form of Consent.
(District and date.)
I [or we] hereby consent to the removal by [name of party applying for permission] of the wall now standing between our respective tunnels, situate at [here state locality].
(Signatures, &c.)
If any special conditions are imposed, they must be specified in the document.
3. Ventilation.
When cross-drives or openings are required for ventilation, and the various parties concerned cannot agree thereon, the Warden may issue an order for making such drives or openings, and for the allocation of the work to be performed, and also for the distribution of any auriferous deposits which may be found in the intervening wall.
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🌾 Business Site Registration and Occupancy
🌾 Primary Industries & ResourcesMining, Business Sites, Registration, Occupancy, Compensation
🌾 Residence Area Regulations
🌾 Primary Industries & ResourcesMining, Residence Areas, Registration, Compensation
🌾 Blasting and Tunnelling Regulations
🌾 Primary Industries & ResourcesMining, Blasting, Tunnelling, Safety
Otago Provincial Gazette 1868, No 540