✨ Gold Mining Lease Regulations
applied for with at least one trigonometrical station, or in the absence of any such, with some fixed point.
- Surveyor to affix notice.
The surveyor shall at the time of making the survey hereinbefore directed, place a notice, in the form in Schedule hereto annexed, marked C, in some conspicuous place on the ground; and shall post a copy of such notice on the outside of the Warden’s office.
PART III.—HEARING.
- Objectors to give notice.
Any person objecting to the issue of a lease so applied for, shall, within twenty-one days after the posting of the notice by the surveyor, forward to the Warden full notice of all such objections, and shall (except in cases of encroachment) deposit the sum of five pounds (£5) with the Receiver of Gold Revenue, and such Receiver shall give to the person making such deposit a receipt, in the form of the Schedule annexed marked D, as security for the due prosecution of his objections, and in satisfaction of any expenses to which the applicant may be put by such objections if disallowed; and if such objections should not be prosecuted or should fail, so much of such deposit shall be handed over to the applicant as may be necessary to repay the expenses of such applicant; and the balance (if any) shall be refunded to the person so objecting.
- Cases of encroachment.
When application shall have been made for a lease of any land to the whole or any part of which any person other than the applicant shall claim to be entitled by virtue of a prior occupation under a miner’s right, or business license, the objection to the granting of such lease may be heard by the Warden in the same way as a case of encroachment under the Gold-fields Act; and such Warden shall immediately report the hearing of any such objection, and the decision arrived at therein, to the Superintendent of the Province.
- Date to be fixed for hearing.
Upon receipt of an application, the Warden shall appoint a day for the hearing thereof, being not less than fourteen (14) nor more than thirty (30) days from the date of the receipt of such application, and upon the day appointed as aforesaid, the Warden shall proceed to hear the application; but such hearing may be adjourned from time to time, if any sufficient or reasonable cause shall be assigned, or known to the Warden.
- Warden to report.
Immediately after the hearing the Warden shall forward the application, together with the Surveyor’s report, and all other documents relating to the application, to such person as the Superintendent may from time to time direct. And therewith the Warden shall report whether any objection has been made, or is otherwise known to him, why such application should not be granted, and shall set forth the nature of any such objection; and also whether the applicant is the holder of or applicant for any other lease under the Gold Mining Leases Regulations; and, if so, specifying the extent and area of any such holding or application. And such report shall include the Warden’s recommendation as to the granting or refusal of the application.
PART IV.—CERTIFICATES.
- Certificates.
After the approval of any application, and pending the issue of a lease, notice of the intention to grant which has been given as provided by Section 29 of the Gold Fields Act 1866, a certificate in the form in the Schedule E annexed hereto will be issued to the applicant by such person as the Superintendent may from time to time direct, and such certificate will bear date from the first day of the month wherein the application shall have been granted.
- Failure to take up Certificate.
If any applicant fails or neglects to take up his certificate within thirty days after service of notice from the Warden that such certificate is ready for issue, such certificate may be forthwith cancelled, and upon such cancellation the deposit paid upon the application will be forfeited.
- Certificates to be exchanged for Leases.
The holder of such certificate shall exchange the same for a lease whenever it is notified to him that such lease is ready for execution; and if the holder of such certificate shall neglect for the space of thirty (30) days from the time of such notification to execute such lease and a counterpart thereof, the said certificate shall become void, and shall no longer entitle the holder thereof to possession of the land therein mentioned; and, after the expiration of such thirty (30) days, the holder of such certificate shall, if he remain in possession of such land, be deemed a trespasser on Waste Lands of the Crown, and may be proceeded against accordingly.
- Rent to be paid before issue of Certificates.
Before the issuing of any such certificate there shall be produced to the Warden a receipt for the first half year’s rent signed by the Gold Receiver of the district; and such receipt shall be in the form in Schedule F hereto annexed.
PART V.—LEASES.
- Term of lease.
Leases will be granted upon such applications as may be approved by the Executive Government for a period of not exceeding fifteen (15) years, from the first day of January, or the first day of July next ensuing after the date of the certificate hereinbefore mentioned.
- 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, and the Superintendent may thereupon declare the lease forfeited, or take such other action therein as he may think fit.
- 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 Gazette, and the Warden shall thereupon instruct a 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 these 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.
- 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 these regulations.
- Fine for withdrawal.
Out of the sum of twenty pounds (£20) deposited by any person making application for a gold mining lease, shall be deducted the sum of two pounds (£2) in addition to the previously authorised costs and expenses, in case such person shall withdraw his application, or forfeit or abandon his claim, or not accept the lease within one month after notice by the Warden.
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✨ LLM interpretation of page content
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Order in Council regarding Gold Fields Act delegation
(continued from previous page)
🏛️ Governance & Central Administration19 May 1868
Gold Fields Act, Executive Council, delegation, mining regulations
Otago Provincial Gazette 1868, No 545