✨ Gold Mining Lease Regulations
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allowed for objections, the Warden shall appoint a time and place for holding an enquiry into the truth of the particulars alleged by the applicant, and of the objections (if any) made by each objector, and two clear days notice of the holding of such enquiry, together with a copy of such objections, shall be given to each of the persons interested therein.
13.—Proceedings at Enquiry.
At such enquiry the Warden shall take evidence in relation to the application and objections, and immediately thereafter he shall forward to the office of the Governor’s Delegate the application and objections (if any) thereto, and the evidence taken by him as aforesaid, with his opinion thereon, together with report, plan, and tracing furnished to him by the Surveyor as hereinbefore directed.
14.—Governor’s Delegate to Issue Leases.
The Governor’s Delegate may, if he shall think fit, upon the recommendation of the Warden of the district, issue to any applicant a lease of the land applied for, or any part thereof, after the time prescribed by the 29th section of “The Gold Fields Act, 1866,” viz., ten days after notice of the intention to grant the same shall have been published in at least one of the local newspapers best calculated to give publicity to the same amongst the persons specially interested.
15.—Date of Lease.
Every lease shall bear date the day of execution thereof by the Governor’s Delegate, and shall be transmitted to the Warden, at whose office the same may be obtained, and the Warden shall deliver the same to the applicant, or such person as shall be duly authorised to receive and execute the same, upon his application therefor, and execution thereof, within the time hereinafter prescribed, and upon delivery to the Warden of a receipt showing that a fee of one pound, together with the first half-year’s rent, has been paid.
16.—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 circumstances to the Governor’s Delegate, and the Governor’s Delegate may thereupon declare the lease forfeited, or take such other action therein as he may think fit.
17.—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, 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 distinguished, 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.
18.—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 sixth clause of the Leasing Regulations.
19.—Term.
The term of the lease cannot in any case exceed fifteen years.
20.—Areas of Leases.
The extent of any lease granted under these Leasing Regulations shall be on quartz lodes or veins, not less than one hundred (100) yards, nor more than four hundred (400) yards in length along the line of the lode, by a width of not less than fifty (50) yards, nor more than two hundred (200) yards measured across the lode, in ordinary workings an area not exceeding ten (10) acres, according to the difficulties that may have to be encountered in working the ground.
21.—Rents.
The rents received shall in all cases be at the rate of five pounds per acre, 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
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Gold Mining Lease Regulations
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🗺️ Lands, Settlement & SurveyMining, Gold, Lease, Regulations, Auriferous Land, Westland Gold Fields
Westland Provincial Gazette 1871, No 9