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such licence to cut construct and use any water-race shall pay for or in respect of each and every sluice-head of water mentioned in such licence the rent or sum of five shillings per annum.

XIII.—TAIL RACES.

1. Construction of Tail Races.

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

FORM OF NOTICE.

[District and date.]

To the Warden at

I hereby give notice that I intend to construct a tail-race for mining purposes commencing at a point () and terminating () and I estimate that _____ days will be required for its construction.

The length of such tail-race will be _____ or thereabouts and its intended course is (*)

The greatest depth of such tail-race will be _____

The greatest width of such tail-race will be _____

Any person desiring to object to the issue of a certificate for the above described tail-race must lodge his objection at the Warden’s Office within seven clear days from the date hereof.

(Signature, &c.)

2. Use of tail-races for drainage or discharge of tailings.

It shall be lawful for the Warden to permit any person to use a tail-race the property of any other person on condition of first paying to the owner thereof a proportionate share of the expense of construction and such proportionate share of expense shall if necessary 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 and so in case he shall fail to do so within seven days after receiving notice from the owner it shall be competent for the owner to clear the same and to recover from the person so failing to assist his proportionate share of the expense of cleaning the race as aforesaid.

3. 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.

4. Sides of tail-races may be protected.

The Warden shall have power to protect the holder of any tail-race or ground-sluice in the occupation of such additional area on either or both sides of such race either throughout the entire length of such race or over any and such portions as he may deem necessary for the preservation thereof in a proper state of efficiency.

5. Forfeiture of Tail-races.

All right to any tail-race shall become forfeited if it be entirely unused by the owner thereof for the space of one calendar month unless in case 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 operation of this section for a further period not exceeding six months and a certificate of such suspension shall be given in writing to the holder of such tail-race.

6. Alteration and extension of tail races.

Every tail-race granted under the authority of these Regulations shall be held subject to the condition that the holder thereof shall extend or alter the course of such tail-race in such manner and at such times as the Warden may appoint by a written order under his hand and the holder of any tail-race desiring to alter or extend the same shall apply to the Warden as provided in the case of new tail-races and such alteration or extension it approved by the Warden shall not affect any right or privilege attached to such tail race.

XIV.—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 or using any natural channel as 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 tail race by the joint labor or contributions of all persons interested in the construction or use of the tail-race as aforesaid and the holder of a race with the right to divert and use water shall for the purposes of this Regulation be deemed the holder of a claim and the occupiers of such tail-race may from time to time make or alter rules for the use extension or repair of such tail-race and all such rules or alterations shall be binding when signed by a majority of the persons using the same and approved by the Warden.

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 at 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 _____

The average width is _____

(Signatures, &c.)

N.B.—Objections to the above application must be lodged with the Warden within thirty (30) days from the date hereof.

XV.—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 and such notice 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 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 []

• Here insert with sufficient accuracy the localities.

XVI.—DRAINAGE OF CLAIMS.

1. Compensation for draining ground.

When any person shall drain any ground by any means whatsoever such person shall be entitled to receive compensation from the holders of all claims benefited by such drainage.

2. Warden to fix amount of compensation.

If any person shall apply for compensation under the preceding clause the matter shall be dealt with by the Warden who shall fix the amount of compensation to be paid by the person so benefited and may order such