✨ Mining Lease Conditions
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machinery cannot be procured within the Colony of New Zealand an extension of the time may be granted by the Governor’s Delegate upon the recommendation of the Warden; such extension shall, however, only apply to the difficulty of obtaining machinery and shall not exceed six months.
- BREAKAGE OF MACHINERY.
In the event of the breakage of any machinery or other accident which may prevent the working of the ground, the Warden may grant protection for such reasonable space of time as he may deem necessary.
- COMPENSATION.
Any person lawfully holding any land as a residence area, business sites in townships, or tent ground, at the time of the application for such lease may, if the Warden shall think necessary for the efficient working thereof, at the granting of such lease, be removed therefrom, and shall receive such compensation as is provided by the Mining Rules and Regulations.
- RIGHT OF INGRESS AND EGRESS.
Her Majesty the Queen reserves to her Government of New Zealand, and all officers and servants thereof, the right of ingress, egress, and regress, to, from, and across the land hereby demised, and the miners thereunder; and of granting to any person or persons, or to the public, such right of ingress, egress, and regress; and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water races or tail races, and of leading head water or tail water through the same, and constructing roads or tramways across the same; Provided always that all such operations shall be sanctioned by the Warden, and due compensation given to the said lessee or lessees, his or their heirs, executors, administrators, and assigns.
- TO DETERMINE LEASE IF MINING BE DISCONTINUED FOR FOUR MONTHS.
And it is hereby declared and agreed by and between the said parties hereto, that if the said lessee or lessees, his or their executors, administrators, or assigns, shall for four months discontinue the bonâ fide mining on the said land hereby demised to him or them, without an approval of protection, it shall and may be lawful for the said lessor, or any person duly appointed by him in that behalf, to enter into and upon the land and premises hereby demised, and thereby determine the estate of the lessee or lessees therein.
- PLAN OF SECTION OF MINES.
Provided also that they, the said lessee or lessees, his or their executors, administrators, or assigns, will and shall at all times during the continuance of this demise, if required so to do by the said lessor or any person duly authorised in that behalf, prepare and keep a proper plan or section of all the workings and actual condition of the mine and premises hereby demised.
- TO FURNISH RETURNS, &c.
Provided that he or they, the said lessee or lessees, his or their executors, administrators, or assigns, shall and will at all times during the continuance of this demise, furnish true and accurate quarterly returns, and certify to the same on oath to the Warden or other officer duly authorised in that behalf, of the average number of men on or about the mines and premises hereby demised, and shall from time to time, whenever so required by the Warden, Mining Surveyor, or such other duly authorised officer, up to the period when the full sum hereby agreed to be expended in or about the said mines and premises shall have been so expended, furnish a true and accurate account, certified as aforesaid, of the amount at such date expended as aforesaid.
- NOT TO WORK OUT OF LIMITS.
Provided also that the said lessee or lessees, his or their executors, administrators, or assigns, shall not nor will during the continuance of this demise, work the said mine out of or beyond the limits and boundaries hereinbefore mentioned.
- TO FENCE PITS IF REQUIRED.
Provided also that he or they, the said lessee or lessees, his or their executors, administrators or assigns, shall and will build, and keep in good repair, a good sufficient and substantial wall, or other fence, around all the pits and shafts which may at any time during the said term hereby granted be open in any part of the premises, if required so to do by the lessor, or by any other person duly authorised by him in that behalf.
- BREACH OF COVENANTS TO RE-ENTER AND DETERMINE LEASE.
Provided lastly, and it is hereby declared and agreed by and between the said parties hereto, that in case the said lessee or lessees, his or their executors, administrators, or assigns, shall fail or neglect to perform and keep all and every of the covenants, conditions, provisos, and agreements, hereinbefore contained and implied by virtue of ‘The Gold Fields Act, 1866,’ or of any regulations made under the authority of the said Act referring to leases for gold-mining within the County wherein the land hereby demised is situate, and which are in force at the time of the execution hereof, it shall and may be lawful for the said lessor, or any person duly
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Conditions and Provisions for Mining Leases
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🌾 Primary Industries & ResourcesMining Lease, Conditions, Machinery, Compensation, Ingress, Egress, Mining Operations
Westland Provincial Gazette 1870, No 24