β¨ Gold Mining and Thistle Regulations
447
to delegate to the Executive Government for the time being
of such Province subject or not to any restrictions or limi-
tations 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 Pro-
vince of Otago intituled the "Executive Council Ordi-
nance 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 Execu-
tive 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 provi-
sions 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 Pro-
vince of Otago.
Now, therefore, His Honor, George Turnbull, Deputy-
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 Pro-
vince of Otago in this behalf, doth hereby make the Re-
gulations 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
sayβ
-
The Waipori Drainage Channel shall be under the
control of the Warden of the District, who shall be as-
sisted by an Inspector to be appointed by the Superin-
tendent. -
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. -
No person shall mine or dig upon land within thirty-
three feet from 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. -
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. -
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. -
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. -
Except by permission of the Warden first obtained
in writing, no opening shall be made in said 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 the River, and the box covered with earth firmly
rammed to the height of the adjoining surface. -
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. -
Any person either wilfully or negligently doing in-
jury 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. -
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 neg-
lect 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. -
The fees, rates, and charges which shall be payable
to the Inspector under these regulations, shall be as
follows :β
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 pri-
vilege, within a distance of one half-
mile of any portion of the Waipori
Drainage 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.
- 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 omis-
sion or commission, shall be held to be a breach of these
Regulations.
PUBLIC NOTIFICATION.
IN conformity to the 29th section of the "Gold
Fields Act 1866," and to the Regulations made
under that Act and the Gold Fields Act Amendment
Acts of 1867, 1868, and 1869, for the granting of leases
for gold mining purposes within the Province of Otago, it
is hereby notified that it is intended to grant a lease for
gold mining purposes of Crown Lands to the applicants
specified in the annexed Schedule, unless there shall be
valid objections against granting such lease.
Objections to the granting of such lease, stating the
grounds of objection, must be made in writing and lodged
with the Warden at Queenstown, on or before the 1st day
of October, 1875.
Copy of the application made, and plans annexed, may
be seen at the Warden's Office at Queenstown.
Given under my hand, at Dunedin, this 14th day
of September one thousand eight hundred and
seventy-five.
GEO. TURNBULL,
Deputy-Superintendent.
SCHEDULE.
Franz William Frederick Geisow, on behalf of the
Keong Gee Tong Company for ten acres of land more or
less, being section 76 block XIX Shotover District.
To Messrs. Robert Dick McLachlan, William Blackstock,
William Hugh Nurse, James William Hamilton,
Robert Laing, and William Ronald.
BY virtue of the powers vested in me by the Ordinance
passed by the Superintendent of the Province of
Southland, with the advice and consent of the Provincial
Council thereof, entitled "The Thistle Ordinance, 1862,"
and of all the powers enabling me in that behalf, I hereby
appoint you, and every one of you, to be persons to give
the notices and to enforce the provisions of "The Thistle
Ordinance, 1862," as provided in the said Ordinance.
Given under my hand this 14th day of September,
1875.
GEORGE TURNBULL,
Deputy-Superintendent of Otago.
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β¨ LLM interpretation of page content
ποΈ
Order in Council regarding Gold Fields Act regulations
(continued from previous page)
ποΈ Governance & Central AdministrationGold Fields Act, Otago, Executive Council, Delegation of powers
- George Turnbull (Deputy-Superintendent), Making regulations for Otago Gold Fields
- Alex. Willis, Clerk to the Executive Council
πΎ Regulations for the Waipori Drainage Channel
πΎ Primary Industries & ResourcesWaipori Channel, Gold Mining, Drainage, Regulations, Otago
πΊοΈ Public Notification of intent to grant gold mining lease
πΊοΈ Lands, Settlement & Survey14 September 1875
Gold mining lease, Crown Lands, Queenstown, Otago, Application
- Franz William Frederick Geisow, Applicant for gold mining lease
- Geo. Turnbull, Deputy-Superintendent
πΎ Appointment of inspectors under the Thistle Ordinance
πΎ Primary Industries & Resources14 September 1875
Thistle Ordinance, Noxious weeds, Inspectors, Southland
6 names identified
- Robert Dick McLachlan (Mr), Appointed to enforce Thistle Ordinance
- William Blackstock (Mr), Appointed to enforce Thistle Ordinance
- William Hugh Nurse (Mr), Appointed to enforce Thistle Ordinance
- James William Hamilton (Mr), Appointed to enforce Thistle Ordinance
- Robert Laing (Mr), Appointed to enforce Thistle Ordinance
- William Ronald (Mr), Appointed to enforce Thistle Ordinance
- George Turnbull, Deputy-Superintendent of Otago
Otago Provincial Gazette 1875, No 985