GOLD MINING LEASE REGULATIONS.

James Macandrew,
Superintendent of
the Province of
Otago.

ORDER IN COUNCIL.

At the Provincial Government Buildings Dunedin the eleventh day of January, one thousand eight hundred and seventy.

Present:
His Honor the Superintendent;
Donald Reid;
George Duncan; and
John Lillie Gillies, Esquires;

Members of the Executive Council of the Province of Otago.

WHEREAS Thomas Dick Esquire then Superintendent of the Province of Otago, by virtue and in exercise of the powers delegated to and vested in him in that behalf did by Proclamation in the Government Gazette of the said Province bearing date twenty-ninth day of January one thousand eight hundred and sixty-seven constitute and appoint all the territory therein described to be a Gold Field under the provisions of the “Gold Fields Act 1866” to be called “Otago Gold Field;” And whereas the limits of the said Gold Field have from time to time been altered: And whereas by “The Gold Fields Act Amendment Act 1867” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall in the administration of the Government thereof act by and with the advice and consent of an Executive Council it shall be lawful for the Governor in Council under his hand and under the Public Seal of the Colony, from time to time as occasion may require to delegate to the Executive Government for the time being of such Province all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act 1866” as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled the “Executive Council Ordinance 1861” it is provided that the Superintendent of the said Province shall in the administration of the government thereof act by and with the advice and consent of an Executive Council: And whereas the Governor hath with the advice and consent of the Executive Council of New Zealand, and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act 1866” and subject to its provisions delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as under or by virtue of the one hundred and ninth section of the said last-mentioned Act may be delegated by the Governor in Council to have hold and exercise the said powers within the said Province of Otago: And whereas by section thirty (30) of the “Gold Fields Act 1866” it is enacted that it shall be lawful for the Governor in Council from time to time to make such regulations not being contrary to the provisions of the said Act as he should think fit for regulating the granting of leases for mining purposes and the terms and conditions on which such leases should be granted the amount of rent or royalty to be paid whether in advance or otherwise by the grantees of such leases the manner in which persons desirous of having such leases granted to them should mark out the land for which they might apply the mode and time of making and investigating and of determining upon applications for and objections to the granting of leases the amount of deposit to be paid by the applicant and objector respectively as a security for the costs connected with such determination and the terms and conditions upon which such leases might be held occupied worked assigned and forfeited or cancelled and such regulations from time to time to alter amend or revoke:

And whereas by an Order in Council bearing date the nineteenth day of May one thousand eight hundred and sixty-eight and published in the Provincial Government Gazette of the Province of Otago aforesaid (number 545) of the twentieth day of May one thousand eight hundred and sixty-eight certain Regulations were made for the purposes specified in said section thirty of the said Act for the said Otago Gold Field: And whereas it is expedient to revoke the said Regulations so made as aforesaid and all other Regulations made under the provisions of the said thirtieth section of the said Act and now in force on the Otago Gold Field:

Now therefore His Honor James Macandrew Superintendent of the Province of Otago by and with the advice and consent of the Executive Council of the said Province and by virtue and in exercise of the powers delegated to the Executive Government of the said Province of Otago in this behalf doth hereby order that from and after the day of the date hereof all the regulations made by the said Order in Council of the said nineteenth day of May one thousand eight hundred and sixty-eight and all Regulations altering or amending the same and all Rules and Regulations whatsoever made under the provisions of the said thirtieth section of the said “Gold Fields Act 1866” and now in force on the Otago Gold Field except in so far as the same revoke any former Regulations shall from and after the day of the date hereof be revoked: And His Honor the said James Macandrew as such Superintendent as aforesaid and by virtue and in exercise of the powers so delegated as aforesaid and of the said “Gold Fields Act 1866” doth hereby make the Regulations following for the Otago Gold Field for regulating the granting of leases for mining purposes and the terms and conditions on which such leases shall be granted the amount of rent or royalty to be paid by the grantees of such leases the manner in which persons desirous of having such leases granted to them shall mark out the land for which they apply the mode and time of making and investigating and of determining upon applications for and objections to the granting of leases the amount of deposit to be paid by the applicant and objector respectively as a security for the costs connected with such determination and the terms and conditions upon which such leases may be held occupied worked assigned and forfeited or cancelled.

ALEX. WILLIS,
Clerk to the Executive Council
of the Province of Otago.

REGULATIONS

For the granting of Gold Mining Leases in the Province of Otago.

PART I.—APPLICATIONS.

1. What lands may be leased.

Auriferous Crown Lands in the Province of Otago may be leased under these Regulations except—

(1.) The whole or any part of any land which any person other than the applicant is entitled to occupy and actually does occupy for mining purposes or for residence by virtue of a miner’s right or business license.

(2.) The whole or any part of any land in or over which any person other than the applicant has any interest or authority other than those above mentioned which he may lawfully use or exercise for mining purposes or for discovering the existence of gold or other metal or mineral.