The Short Title of this Act is “The Mining Act Amendment Act, 1895,” and it shall be read with the principal Act.

The Governor may from time to time grant licenses (to be called “extended prospecting licenses”) for prospecting in localities (either within or outside of a mining district) which in his opinion are difficult of access:

Provided that no such license shall be granted unless the application therefor—

Provided further that, in the event of the holder of a timber lease applying for the extended prospecting license in respect to any portion of the land comprised within such lease, the Warden may, upon the granting of such application, declare that the balance of the lands, or any part of the same, comprised within such timber lease shall be subject to the provisions of the principal Act and this Act, and the regulations made thereunder; but the Warden shall not use the discretionary power herein conferred so as to prejudicially affect the rights of the holder of such lease thereunder, except so far as may be necessary to search for and get minerals under the provisions of such Acts, or either of them.

An extended prospecting license shall, so long as it continues in force, give to the holder thereof the exclusive right to prospect and search for gold, silver, and all other metals and minerals (excepting coal) on all the land comprised therein, and to mark out, apply for, and, when it is intended to mine for gold, to obtain licensed holdings and special claims, not exceeding three in number, and, when it is intended to mine for minerals other than gold, to make out and apply for mineral leases, not exceeding three in number, in accordance with the provisions of the principal Act.

With respect to every such license, the following provisions shall apply:—

Subject to the provisions of this Act, an extended prospecting license may be granted by the Governor for such term, over such area, and in such locality as in each instance he thinks fit.

Every extended prospecting license shall be subject to the payment of such fees, and the observance of such restrictions and conditions, as are prescribed by regulations to be made from time to time by the Governor.

The conditions shall be such as to insure that the holder of the license will vigorously and continuously prospect the whole of the ground comprised therein, and develop its mineral resources, and also will promptly report every discovery of metals or minerals to the Warden of the nearest district.

In particular, the conditions shall prescribe that the holder of the license shall expend a minimum sum per acre per annum in mining operations on the ground, and shall also deposit with the Colonial Treasurer a specified sum as a guarantee for the faithful performance of the terms and conditions subject to which the license is granted.

It shall be competent for one person to hold any number of extended prospecting licenses not exceeding three.

If, on a complaint lodged at any time during the continuance of the license in the Warden’s Court by any Inspector, or holder of a miner’s right, the Warden finds that the holder of an extended prospecting license has failed or neglected to faithfully comply with any of the terms or conditions on his part subject to which it is granted, the Warden shall report thereon to the Governor, who, in his discretion, may cancel the license by notification in the Gazette, and thereupon all the rights and privileges of the holder shall cease and be deemed forfeited.

In any case where a person is constructing a tunnel for mining purposes, or proposes so to do, the Governor may grant to such person a tunnel prospecting license.

Sections three, five, six, ten, and the proviso to section two of this. Act shall apply, mutatis mutandis, to every tunnel prospecting license and the holder thereof.

With respect to every such license the following provisions shall apply:—

The term thereof shall not exceed two years, but may be renewed from year to year as the Governor may think fit.

The area comprised therein shall not exceed one hundred and fifty yards on each side of the middle line of the tunnel along the whole length or proposed length of the tunnel, and shall not include any river or river-bed.

The conditions subject to which a tunnel prospecting license may be granted shall be such as to insure that the holder thereof will vigorously and continuously prosecute the construction of the tunnel, and develop the mineral resources of the ground, and also will promptly report every discovery of metals or minerals to the Warden of the district.

In particular, the conditions shall prescribe that the holder of the license shall expend a minimum sum per annum in mining operations on the ground.

Notwithstanding anything contained in the principal Act, it is hereby declared that any claim, special claim, or licensed holding shall thereupon be and be deemed to be forfeited,—

If the prescribed rent or license-fee in respect thereof continue unpaid for twelve months after the due date thereof; or

If for any period of six months at any one time it has been neither protected nor bonâ fide used for the purpose for which the same was granted, nor have operations been carried out in the same or in connection therewith with reasonable diligence and in accordance with the provisions of the principal Act:

Provided that this section shall not apply to any claim, special claim, or licensed holding on which no plant or machinery is erected.

In any such case the ground shall be open for application, without the necessity of taking any proceedings to have such claim, special claim, or licensed holding declared forfeited.

Upon the hearing of any application for the ground which has been forfeited under the provisions of section sixteen hereof, the Warden may hear and determine any objection to such application, or in the case where no objection is made the Warden may, on his own motion, postpone the application for any period not exceeding fourteen days, and direct that in the meantime a notice be advertised in the name of the Warden, but at the cost of the applicant, calling on the alleged defaulting holder of such claim, special claim, or licensed holding to appear at the adjourned-hearing and show cause why the forfeiture should not be recorded.

Such advertisement shall be published twice in each of two consecutive weeks in some newspaper published or circulating in the district, and a copy thereof shall be posted or affixed on the ground to which the advertisement relates, as soon as conveniently may be after the first publication thereof.

If at such adjourned hearing the alleged defaulter does not appear, or, appearing, fails tp satisfy the Warden that the forfeiture has not taken place by virtue of this Act, the forfeiture shall be forthwith recorded, and the application for the ground disposed of; such record shall be final and conclusive.

If the forfeiture is recorded at the time of the original hearing of the application for the ground, the Warden shall cause to be advertised in manner aforesaid a notice setting forth the alleged fact of the forfeiture and the date of the record, and stating that the record will be final and conclusive unless within fourteen days from such date application is made to the Warden to reverse it.

If such application is made, all parties interested shall be summoned to attend, and the Warden shall allow or dismiss the appeal as on the evidence be deems just, and his decision shall be final and conclusive.

From and after the first day of March, one thousand eight hundred and ninety-six, it shall be lawful for and the duty of every foreign company within the meaning of section three hundred and fifty-four of the principal Act, whether or not authorised so to do by its Act or charter of incorporation or by its articles or regulations, to make adequate provision for the registration in the colony of transfers of its shares, and the execution and issue in the colony of scrip certificates or other documents of title in respect of the shares so transferred.

For such purpose, every such company—

The provisions of sections forty-three to fifty-two of “The Mining Companies Act, 1894,” shall apply to every colonial register, and to every shareholder and share entered therein, and to every transfer of any such share.

If any such foreign company fails or neglects to faithfully comply with any of the provisions of the two last-preceding sections hereof, such company is liable to a penalty of not exceeding five pounds for every day during which such failure or neglect continues; and, in addition thereto, if such failure or neglect continues for the space of three months, the company shall be incapable thereafter of carrying on business in New Zealand.

The principal Act is hereby amended as follows:—

As to section one hundred and fifty-two, by adding at the end of the section the words: “Tributary’ includes every natural channel in which water flows to another natural channel, whether such flow is constant or not”:

As to section one hundred and fifty-three, by repealing the words “From and after any such Proclamation taking effect.” in the first line of that section, and substituting in lieu thereof the following: “At any time after the publication of the Gazette notice referred to in section one hundred and fifty-two”:

As to subsection one of section one hundred and sixty-six, by adding the following proviso:—

As to the Fourth Schedule, by repealing the words “five shillings annually,” and substituting in lieu thereof the words “an annual registration fee of one shilling.”

The Governor may from, time to time make regulations subject to which mining operations in rivers or river-beds shall be carried on and dredges shall be worked.

Subject to the approval of the Minister, and the provisions of the principal Act, the Warden may grant special dredging claims extending from high-water mark to any distance seawards not exceeding half a mile from low-water mark, and may impose such conditions for the working thereof and otherwise as he deems expedient.

The rental of such special dredging claims shall be the same as for licensed holdings.

Every such special dredging claim shall be deemed to be within the boundaries of the mining district of the Warden who grants such claim.

Section five of “The Mining Act 1891 Amendment Act, 1894,” is hereby repealed.

Every dredge used for mining purposes shall at all times be equipped with life-saving appliances to the satisfaction of the Inspector, and shall have at least one suitable boat.

Every manager who fails or neglects to comply with the provisions of this section is liable for each offence to a penalty not exceeding twenty pounds.

No claim, special claim, or licensed holding shall comprise more than one mile in length of any river, river-bed, or river-bank.

In every case where two or more special claims contiguous to one another are held by the same person, it shall be a sufficient compliance with the labour conditions of any mining regulations for the time being in force if the total number of men employed on all such claims, taken collectively, is equal to the total number prescribed for all such claims, taken separately.

All mining rights which, from and after the first day of January, one thousand eight hundred and ninety, have been acquired, or which at any time hereafter may be acquired, by or on behalf of Her Majesty, in respect of any lands held by Natives, shall inure to Her Majesty and remain unaffected, notwithstanding the extinguishment of the Native title, or the issue of a Crown grant or other instrument of title for such lands or any portion thereof, at any time subsequent to the acquisition of such rights.

In any case where the Governor—

he may at any time in like manner, but in every case with the consent of the local bodies or corporations concerned, revest such water-race in the Crown; and from the date of the gazetting of the Order in Council or Proclamation made by him in that behalf the water-race therein mentioned shall revest in the Crown; and the Governor may, by Order in Council, dispose of by public tender any such water-race, as provided by “The Local Bodies’ Finance and Powers Act, 1885.”

No compensation shall be payable in respect of the revesting of any water-race in the Government under the provisions of this section.

Whenever any rent or license-fee payable under the principal Act or this Act is in arrear for one month it shall be the duty of the Mining Registrar of the district to send notice thereof to the person in default; but the non-sending or non-receipt of such notice shall not in any way relieve such person from any forfeiture or other penalty consequent on non-payment of such rent or fee.

No claim, special claim, licensed holding, water license, grant, lease, mining tenement or easement, or any other mining right whatsoever granted prior to the passing of this Act shall be liable to forfeiture, or the title thereto be in anywise prejudicially affected, by reason that the grantee, lessee, licensee, owner, or holder thereof was not at the time of the application therefor, or of the granting thereof, or on the day of the date thereof, or at any other time prior to the passing of this Act, the holder of a miner’s right in respect thereof. And no claim, special claim, licensed holding, water license, grant, lease, mining tenement or easement, or other mining right whatsoever granted under “The Mining Act, 1886,” or “The Mining Act, 1891,” or under any Act amending the said Acts, or either of them, shall be open to objection by reason that the grantee, lessee, licensee, owner, or holder thereof may not have been the holder of any miner’s right in respect thereof at any time before the passing of this Act, or may not have been the continuous holder of a miner’s right in respect thereof from the first day of December, one thousand eight hundred and eighty-six, to the time of the passing of this Act: Provided that on and after the first day of January, one thousand eight hundred and ninety-six, the applicant for any claim, special claim, licensed holding, water license, grant, lease, mining tenement or easement, or any other mining right whatsoever, shall be the holder of a miner’s right at the time of such application, and for the period during which he shall be owner or retain possession: Provided, further, that nothing herein shall affect any action, suit, or claim now pending or which shall have been adjudicated upon.