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James Macandrew, Superintendent of the Province of Otago.

ORDER IN COUNCIL.

At the Provincial Government Buildings, Dunedin, the thirteenth day of July one thousand eight hundred and seventy-five.

Present:
His Honor the Superintendent,
Donald Reid, Esquire, and
John Davie, Esquire,
Members of the Executive Council of the Province of Otago.

WHEREAS by the "Gold Fields Act 1866" it is enacted that the Governor in Council may inter alia make Regulations for regulating the use of Races, Dams and Reservoirs and for the imposing and collection of such registration and other fees as may be deemed expedient for carrying out any such regulations and all such other regulations relating to mining and to the enjoyment occupation and use of Crown Lands within a Gold Field and of any water therein as the Governor may deem beneficial. 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 subject or not to any restrictions or limitations as he shall think fit 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:

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 the exercise of the powers delegated to the Governor in Council of the said Province of Otago in this behalf doth hereby make the Regulations following for the Otago Gold Fields.

ALEX. WILLIS,
Clerk to the Executive Council.

REGULATIONS

For the use of Gold Miners and others of the Race or Channel known as the "Waipori" Channel, that is to say—

1. The Waipori Drainage Channel shall be under the control of the Warden of the District, who shall be assisted by an Inspector to be appointed by the Superintendent.

2. The said Inspector shall be subject to the direction and control of the Warden, have the general supervision and management of the Channel, and shall collect the rates and charges which may be imposed pursuant to these regulations, or of any other regulations which may be made in addition to or in lieu thereof.

3. No person shall mine or dig upon land within thirty-three feet of the top of the slope of either bank of the Channel, unless he shall have previously obtained the permission of the Warden in writing, a copy of which shall be recorded in the office of the Warden.

4. No person shall cause or allow any head water or any tailings, or any water used for sluicing, to flow or find its way into the Channel.

5. All openings for drainage into the Channel shall be provided with a box, not less than twelve feet in length, to be placed within the bank of thirty-three feet to be left unworked, as provided by these regulations, and at that part of the bank nearest to the Channel. Every such box shall be fitted with a sufficient gate, which shall be kept closed during floods. Every such opening shall be filled up from the box to the level of the surface of the adjoining ground, and for a distance of not less than thirty-three feet from the Channel.

6. No tail-race shall be constructed to run in a parallel direction with the Channel, at a less distance than sixty-six feet from the said Channel, except by permission of the Warden first obtained in writing.

7. Except by permission of the Warden first obtained in writing, no opening shall be made in the banks of the Waipori River, within half-a-mile of any part of the Drainage Channel, for discharging either head sluicing or tail water, unless the opening be made a covered drain and fitted with a box not less than six feet in length and furnished with a sufficient self-acting gate at the end nearest to the River, and the box covered with earth firmly rammed to the height of the adjoining surface.

8. No head or tail water shall be conducted nearer to the Drainage Channel than thirty-three feet therefrom, except in strong and closely covered boxes, unless by permission of the Warden first obtained in writing, a copy of which shall be recorded in the office of the Warden.

9. Any person either wilfully or negligently doing injury or damage to the Waipori Drainage Channel, shall be deemed to be guilty of a breach of these regulations, and shall be liable to the penalties provided by the Gold Fields Act, in addition to the payment of compensation for any such damage.

10. All fees, rates, and charges as may be provided by these regulations or by any other regulations which may be made in addition to or in lieu thereof, shall be paid weekly in advance to the Inspector, and any person using the Waipori Drainage Channel, or occupying or working any claim, right, or privilege, within half-a-mile of any portion of the Waipori Drainage Channel, who shall neglect to pay in advance such fees, rates, or charges to the said Inspector, shall be held to be guilty of a breach of these regulations, and the claim, right, or privilege in respect of which any such fees, rates, or charges may be due and unpaid, may be held to be forfeited.

11. The fees, rates, and charges which shall be payable to the Inspector under these regulations, shall be as follows:—

For every permission in writing under the hand of the Warden ... 10s 0d

For each and every person owning, occupying, or working any claim, right, or privilege, within a distance of one half-mile of any portion of the Waipori Channel, a weekly payment of ... 1s 6d

Provided that the Warden may remit any fees, rates, or charges, in any case where it is proved to his satisfaction that any person receives no benefit from the said Channel.

12. Every permission under the hand of the Warden shall be subject to the conditions contained therein, and any breach of any such condition, either by way of omission or commission, shall be held to be a breach of these Regulations.

THE following Regulations made by the Waste Land Board of the Province of Otago, under the provisions of the "Otago Waste Lands Act 1872," having been approved of by His Honor the Superintendent, are now published in accordance with the requirements of the said Act.

J. T. THOMSON,
Chief Commissioner Waste Land Board.
Waste Land Board Office, Dunedin,
July 13th, 1875.