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damages which cannot be made good, and the special conditions, if any, to be observed by the miner in working the ground; and the miner shall pay as rent to the owner or occupier a sum equal to twenty per cent. per annum on the value of the land as so determined: Provided that, in any case where the occupant is not the owner of the land, such rent may be made payable either wholly to the occupier or wholly to the owner, or partly to the owner and partly to the occupier, in such proportions as shall be determined by the award.

58. In estimating the value of the land, the arbitrators, or umpire, or the Warden, or other person appointed by him, acting as sole arbitrator, shall take into consideration not only the actual value of the soil, but all the circumstances which may in their opinion give a special value to that portion of the property, such as its position in relation to the remainder of the property, its proximity to a road, river, or other means of access, or to a building, and the use to which it has been put or is intended to be put by the owner.

59. A fee of two guineas shall be paid to the Warden by the miner for each of the arbitrators and the umpire, before they enter upon the reference, and, after the award shall have been made, shall by the Warden be paid over to them.

60. Before entering upon the ground for mining, the miner shall pay to the owner the first instalment of rent, and shall also deposit with the Warden the amount fixed by the arbitrators or umpire to cover the cost of restoring the surface of the ground, and shall, before entering upon the ground for mining, pay all other sums and do all other acts which the award shall order to be paid or done before entering upon the ground; and the payment of such sums, and the doing of all other such acts so ordered as aforesaid, shall be considered to be conditions precedent to the right of the miner to enter upon such private land, and no miner shall acquire any right of entry on private lands for the purpose of mining until all such sums shall have been paid, and all such acts shall have been done as the award shall order.

61. All rents shall be paid by the miner quarterly, in advance. And the claim shall be forfeited if the rent remain unpaid for seven days beyond the date when it becomes due.

62. As soon as the miner has ceased working the claim he shall forthwith restore the surface of the ground: and on proof being given to the satisfaction of the Warden that the surface has been so restored, the Warden shall hand over to the miner the sum deposited to cover the cost of such restoration. But if the miner, after ceasing to work the claim, shall neglect to restore the surface of the ground, the Warden, upon proof being given to his satisfaction that the claim has ceased to be worked, shall, at the end of fourteen clear days after the claim has ceased to be worked, hand over the money deposited as aforesaid to the owner of the land on which such claim is situated.

63. In the foregoing Regulations words in the singular number shall be understood to import the plural number, and the word "owner" shall be understood to include the "occupier," and where the owner and occupier are not the same person, then a separate contract shall be made or award given in the case of each of them. The word "Warden" shall be understood to mean the Warden or other officer for the time being intrusted with the administration of justice on the Gold Field within which the land is, and the words "Mining Surveyor" shall be understood to mean Mining Surveyor or other officer whose duty it may be to furnish plans to the Warden.

64. All the Regulations in force for the time being relating to mining on Crown Lands, shall apply to mining on private property under these Regulations, excepting so far as they are affected by these Regulations.

XIII.—Pasturage.

65. All Waste Lands not declared open for sale, and not required as commonage for stock, may be occupied for pasturage purposes by persons holding annual licenses from the Waste Lands Board to occupy the same, in blocks of not less than 500 acres.

66. Any person applying for a pasturage license shall state to the Commissioners what are the boundaries and extent of the run applied for.

67. The fee to be paid for the license shall be at the rate of sixpence per acre per annum for the lands included in such license above 500 acres and under 1,500 acres in extent, and fourpence per acre when above 1,500 and under 3,000 acres in extent, and threepence per acre for all blocks above 3,000 acres in extent.

68. If upon the expiration of any annual pasturage license, it shall appear to the Waste Lands Board expedient to issue a further license to depasture the land included in such first-mentioned license, the Board shall grant such further annual license to the holder of the same.