Mining Lease Regulations




132

  1. EXECUTION OF LEASE.

Upon receiving the lease the Warden shall cause notice to be given to the lessee, or lessees, requesting his or their attendance at the Warden’s office or other convenient place, to execute and take delivery thereof within a reasonable time not exceeding thirty days from the date of such notice; and should the said lessee or lessees, or his or their lawful attorney, as hereinafter provided for, fail to comply therewith, or to show reasonable cause for an extension of the time allowed for the purpose, the Warden shall report the circumstance, and his opinion thereon, to the Governor’s Delegate, who may, thereupon, declare the lease forfeited, or take such other action therein as he may think fit.

  1. PROCEEDING IN CASE OF REFUSAL OF LEASE.

If any lease so applied for shall be refused, either in the first instance, or after a failure to comply with the terms of the notice in the preceding clause, or if any application for a lease shall be withdrawn a notice thereof shall be published, in the County of Westland Gazette, and the Warden shall thereupon instruct a mining surveyor to proceed without delay to the ground described in such mining lease, and cause all posts, notices &c., by which such ground shall have been distinguishable as applied for under the leasing regulations to be removed; and further to post notices at each angle of the lease applied for, and at the Warden’s office, for the information of the miners in the vicinity that such ground is open to persons holding miner’s rights or business licenses, or to applicants for a lease, as if no lease of the said ground had ever been applied for.

  1. COSTS.

All costs and expenses incurred by, or on behalf of, or by direction of the Government, by reason of the withdrawal of any application for mining leases, or of the non-execution of any such lease within the time aforesaid, shall be considered expenses incurred within the meaning of the third clause of section III of these leasing regulations.

  1. FINE FOR WITHDRAWAL OF APPLICATION.

Out of the sum of twenty pounds (£20) deposited by any person making application for a gold mining lease, shall be deducted the sum of five pounds (£5) in addition to the previously authorised costs and expenses, in case such person shall withdraw his application, or forfeit and abandon his claim, or not accept his lease within one month after notice of the granting of such lease.


  1. RENTS.

The rents received shall in all cases be at the rate of five pounds (£5) per acre, excepting quartz leases, where the Governor’s Delegate may in certain cases reduce the rent for a limited period under clause 2, section II, and the said rents shall be made payable half-yearly in advance during the entire term, and the day on which the lessee or lessees shall receive official notification of the granting of such lease shall be deemed to be the day upon which the first payment shall be due.

  1. RENTS IN ARREAR TO DISTRAIN MACHINERY, TOOLS, &c.

Provided also that if under these leasing regulations the rent due shall be in arrear and unpaid for the space of twenty-one days next after any of the days hereinbefore fixed for payment thereof, it shall and may be lawful for the said lessor, or any person duly authorised in that behalf, to enter upon the premises hereby demised, and to distrain the machinery, tools, buildings, or other property of the said lessee or lessees for the time being in, under, or upon any part of the premises hereby demised, for or in respect of any such rent, dues, or duties which ought to have been paid to the lessor or any person duly authorised to receive the same.

  1. PROTECTION TO MORTGAGEES.

If any person shall have an interest in a claim or share by way of a lien or mortgage, his interest shall not be liable to forfeiture by non-compliance with these regulations on the part of the lienor or mortgagor, or their agent or representative, provided he, the lienee or mortgagee, has the said interest represented within fourteen (14) days after receiving notice from the other owners of the claim, or from any person desiring to take possession of the interest so liened or mortgaged.


VI.—LEASES TO BE OCCUPIED AND WORKED.

  1. MEN TO BE PUT ON THE LEASE.

Two men shall be allowed to occupy any lease for the space of three months after the execution of the lease, at the expiration of which time the number of men to be constantly employed shall be at the rate of not less than four men to the acre.

  1. MACHINERY, &c., TO BE PLACED ON THE GROUND.

Within four months after the expiration of the three months allowed by the preceding clause, machinery, appliances, and labor for working of the same to the value of not less than one-third of the capital proposed to be expended shall be placed upon the lease.

Provided that in cases where the required



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Online Sources for this page:

VUW Te Waharoa PDF Westland Provincial Gazette 1870, No 24





✨ LLM interpretation of page content

🌾 Mode of Procedure for Application for Mining Leases (continued from previous page)

🌾 Primary Industries & Resources
Mining Leases, Application Process, Survey, Objections, Warden

🌾 Execution of Mining Lease

🌾 Primary Industries & Resources
Lease Execution, Warden, Forfeiture, Governor’s Delegate

🌾 Proceeding in Case of Refusal of Lease

🌾 Primary Industries & Resources
Lease Refusal, Warden, Mining Surveyor, Notice Removal

🌾 Costs for Withdrawal of Application

🌾 Primary Industries & Resources
Application Withdrawal, Costs, Expenses, Mining Lease

🌾 Fine for Withdrawal of Application

🌾 Primary Industries & Resources
Withdrawal Fine, Deposit, Forfeiture, Mining Lease

🌾 Rents for Mining Leases

🌾 Primary Industries & Resources
Rent Payment, Quartz Lease, Governor’s Delegate, Half-Yearly Payment

🌾 Distraint for Unpaid Rents

🌾 Primary Industries & Resources
Unpaid Rent, Distraint, Machinery, Tools, Premises

🌾 Protection to Mortgagees

🌾 Primary Industries & Resources
Mortgagee Protection, Lien, Forfeiture, Notice

🌾 Occupation and Working of Leases

🌾 Primary Industries & Resources
Lease Occupation, Employment Requirements, Machinery, Capital Expenditure