	Title
1	Short Title. Commencement.
2	Act divided into Parts.
	Part I PRELIMINARY
3	Act not to apply to coal or coal-mining.
4	Application to diamonds and other precious stones.
5	Interpretation.
6	Repeal. First Schedule. Saving.
7	Matters arising under repealed Acts to be determined thereunder.
8	Proclamations, &c., to continue in force.
9	Proclamations, &c., may be applied partially or generally.
	Part II DISTRICTS AND APPOINTMENTS
10	Governor may constitute districts, alter boundaries, or withdraw Crown lands from.
11	Constitution of Wardens’ Courts and appointment of Wardens.
12	Appointment of Mining Registrars, Receivers of Gold Revenue, Clerks, and bailiffs.
13	Appointment of Inspectors of Mines, and post-offices for payments.
14	Existing districts and Courts continued.
15	Persons continued in office.
16	Officers not to have personal interest.
17	Penalty on Warden for acting if interested.
	Part III LANDS SUBJECT TO THIS ACT, AND LANDS EXEMPTED THEREFROM
	Mining on Crown Lands
18	Crown lands in mining districts open for mining.
19	Leased lands in mining districts deemed Crown lands.
20	Crown lands may be set apart for mining or exempted therefrom.
21	Warden may temporarily reserve or exempt lands.
22	State forests subject to Act.
	Public Reserves, Endowments, and Native Reserves
23	Public reserves may be made in mining district.
24	Reserves and endowments exempt from Act.
25	Public reserves, endowments, or Native reserves may be brought under Act.
26	Protection of constructed works and saving of title of trustees.
27	Restriction of special power of alienation.
	Native Lands
28	Native Land Court may declare Native land open for prospecting or ceded for mining purposes.
29	Native reserves available for mining purposes in certain cases.
30	Native ceded lands open for mining.
31	Fees in respect of Native ceded lands.
32	Business- and residence-sites on Native ceded land.
33	Penalty for mining on Native land without authority.
34	Saving of Acts relating to Native lands in Auckland District.
35	Rights under Ohinemuri deed of cession not to abate on extinguishment of Native title.
36	Mining rights over Native lands when Native title extinguished.
	Sale and Occupation of Crown Lands
37	Land Act not to apply except in certain cases.
38	Special regulations in such cases.
39	Lands may be declared open for sale.
40	Valuation for buildings and improvements.
41	Extension to persons in occupation without title.
42	Rights acquired protected whether reserved in Crown grant or not.
43	Grants of leases to certain occupiers in mining districts.
44	Provisions as to lands in West Coast coalfields.
45	Mining townships and suburban sections may be laid off.
46	“The Westland and Nelson Coalfields Administration Act, 1877,” not affected.
	Illegal Occupation of Crown Lands
47	Persons in illegal occupation may be rated as occupiers.
48	Penalty for depasturing cattle without consent of lessee.
49	Penalty for depasturing cattle on Crown lands without license.
	Lands open to Prospecting and Lands liable to Resumption
50	Alienated Crown or Native lands open for prospecting, and may be resumed.
	As to Resumption
51	Resumption as if taken for a public work.
52	Application for resumption, and deposit.
53	Minister to determine whether land to be resumed.
54	Limitation of subsequent application if not resumed.
55	Assessment of compensation.
56	Special provisions in case of lands other than Crown lands.
57	Agreement with owner for mining purposes in lieu of resumption.
58	Owner entitled to rents, royalties, and fees.
	Surrender or Determination of Outstanding Leases or Licenses granted by Native or other Owners prior to Acquisition of Land by the Crown
59	Provisions subject to which Governor may accept surrender of outstanding leases of Native or other lands.
60	Determination of lease by resumption of land for mining.
61	Application to lease of Tairua lands.
	Part IV MINING PRIVILEGES
	As to Miners’ Rights
62	Miners’ rights.
63	Special provisions as to miners’ rights relating to Native land.
64	Rights acquired under a miner’s right.
	Consolidated Miners’ Rights
65	Consolidated miners’ rights.
	As to Prospecting
66	Prospecting only on open lands
67	Holder of miner’s right may prospect on Crown lands.
68	Prospecting license in respect of Native or other land.
69	Holder of warrant or license may enter and prospect.
70	Prospecting licenses, two classes.
71	Provisions in respect thereto.
72	Conditions to which issue of prospecting warrant or license subject.
73	Compensation to be paid to owner for damage.
74	Lands excepted from prospecting.
	As to Claims generally
75	Classes of claims.
76	Forms, areas, and subdivisions of each class.
	Priority of Right to take up Claims and other Mining Privileges in certain Cases
77	Land resumed or ceded to be available after twenty-eight days’ notice in Gazette.
	Taking up Claims and other Mining Privileges
78	Mode of taking up ordinary alluvial claim.
79	Claim to be marked out and application made.
80	Claims under the sea or on the foreshore.
81	Boundaries of claim to be fixed and kept marked.
82	Any number of claims may be taken up.
	Rights and Liabilities of the Holders of Claims and other Mining Privileges
83	Who to be deemed holder of claim, and until when.
84	Holder entitled to exclusive occupation, and to privileges thereof.
85	Labour conditions.
86	Provisoes.
87	Rent of extended and special claims.
88	Special provisions as to mining on timber lands.
89	Warden may impose conditions to prevent injury to surface of land.
	Mineral Licenses
90	Licenses for mining other minerals than gold, subject to subsisting prospecting licenses.
	Races and other Mining Privileges in respect of Water
91	Classes of licenses in respect of water.
92	Water-race license.
93	Tail-race license.
94	Main tail-race license.
95	Dam license.
96	Drainage-area license.
97	Power to occupy land forming course of race or site of dam.
98	Mode of application when license relates to private land.
99	Special provisions as to applications.
100	Conditions of grant of drainage-area license.
101	Conditions of license in respect of water.
102	Fixed quantity of water to be allowed to flow in natural bed for public use.
	Other Provisions relating to Mining Privileges in respect of Water
103	No claim for discharge of tailings into watercourse above race.
104	Water-supply of city or town not to be polluted.
105	Tailings not to be discharged into river within five chains of bridge.
	Water-races belonging to Local Authorities
106	Local authority may hold water-race.
107	Water-race vested in local body or county may be revested in Grown.
	As to setting apart Watercourses for Discharge of Tailings
108	Watercourse may be set apart for discharge of tailings.
109	Notice of application therefor.
110	Watercourse may be described in general terms.
111	When Proclamation may be made.
112	Owner of land injuriously affected entitled to full compensation.
113	Compensation not to exceed improved value of land.
114	No compensation or riparian rights as to certain alienated lands.
115	Compensation to be assessed under Part VII.
116	Further claims barred.
	Business-sites and other Mining Privileges in respect of Land
117	Business, residence, and special sites.
118	Purposes of licenses to be specified therein.
119	Area and dimensions.
120	Conditions of business-site licenses.
121	Conditions of residence-site licenses.
122	Business- and residence-sites, if unsurveyed, held on sufferance.
123	Residence-sites for workmen’s homes.
124	Warden may set apart lands for business and residence-sites
125	Certain towns excepted.
	Other Mining Privileges
126	Licenses for tramways and other mining privileges.
	As to the Surrender, Exchange, and Amalgamation of Mining Privileges
127	Mining privileges may be surrendered.
128	Mode of substitution of titles under this Act for titles under former Act without loss of priority.
129	Amalgamation of claims.
	As to Protection of Mining Privileges
130	No liability during period of protection.
131	Warden may grant protection of mining privilege.
132	Conditions of grant of further protection.
133	Protection where mining privilege at high altitude.
134	Days on which all mining privileges protected.
135	Protection in case of bankruptcy, lunacy, or death.
	As to the Procedure on Applications to the Warden in respect of Mining Privileges
136	General rules as to all applications to Warden.
	As to Survey
137	When area exceeds twenty acres land to be surveyed.
	As to the Form, Term, Renewal, and Conditions of Licenses for Mining Privileges
138	General provisions as to licenses.
	As to the Transfer and Registration of Mining Privileges
139	Mining privilege to be deemed a chattel interest.
140	Transfers to be registered.
141	License or renewal to be sent to Registrar for registration or indorsement.
142	Other interests which may be registered.
143	Several rights may be transferred in same instrument.
144	Limit of time for taking proceedings for cancellation of deeds.
145	Registration-fee.
146	Registers under former Act continued.
	As to the Forfeiture of Mining Privileges by Decree of the Court
147	When mining privilege liable to forfeiture by decree of Warden’s Court.
148	Bonâ fide purchaser not liable for preceding defaults other than payment of rent.
149	Forfeiture of surplus ground exceeding area allowed.
150	Procedure in forfeiture suits.
	As to Abandonment of Mining Privileges by Operation of Law
151	When mining privilege deemed abandoned by operation of law.
152	When water-race deemed intentionally abandoned.
153	Abandonment from incapacity of race.
154	Abandonment from acts and conduct.
155	Certificate by Warden of abandonment.
156	Procedure for obtaining such certificate.
	General Provisions as to Forfeiture and Abandonment
157	When mining privilege not liable to forfeiture nor deemed abandoned.
158	What shall not be evidence.
159	Decree or certificate to be registered.
160	Where decree or certificate relates to portion of mining privilege.
161	Decree or certificate to take effect forthwith.
162	Forfeited land to be open for application.
163	Construction of provisions as to forfeiture and abandonment.
	General Provisions as to Mining Privileges
164	Applications may be granted to construct race, &c., or convey tailings, &c., over mining privilege.
165	As to claim or race intersected by road or street.
166	House, garden, &c., not to be interfered with unless Warden orders, and compensation paid.
167	Compensation for damage to land.
168	Casual damage to mining privilege.
169	Action for trespass.
170	Removal of buildings, &c., on expiry of lease, and compensation for improvements.
	As to Workmen and other Persons employed in Mining Privileges
171	Lien for wages or contract-moneys.
172	Lien to have priority.
173	Warden to determine all questions relating to liens.
174	Mining privileges may be sold to satisfy lien.
175	How proceeds of sale to be applied.
176	Warden may execute transfer of sale.
177	Mortgagee may satisfy liens.
178	Moneys so expended to be added to mortgage.
179	“Mining privilege” includes plant and machinery.
180	Exceptions.
181	Lien of tributers on earnings of claim.
182	Right to metals and minerals found to vest in employer.
	Part V WORKING, REGULATION, AND INSPECTION OF MINES
	As to Certificated Mine-managers, Battery Superintendents, and Engine-drivers
183	Board of Examiners
184	Appointment of Chairman examinations and procedure, and alteration of constitution.
185	Mine-manager to be holder of certificate.
186	Battery superintendent’s certificate.
187	Engine-driver to have certificate.
	Certificates by Examination
188	Application to be examined. Fee.
189	Subjects of examination.
190	Candidate to supply proof of experience.
	Certificates without Examination
191	Certificates from beyond colony recognised.
192	Disqualification.
193	When unlawful to work without manager, superintendent, or engine-driver.
194	Name of minemanager or battery superintendent to be furnished.
195	Manager, &c., not to act as sharebroker.
196	Certificate to be produced to Warden or Inspector.
	As to the Employment of Persons in Mines
197	Limit of hours of employment in mines.
198	Who may not work in mine.
199	Limit of employment of persons under eighteen.
	As to Drainage of Mines
200	Owners of mines to contribute to cost of raising water by machinery.
201	Not liable for accidental stoppage of machinery.
202	Liable for other discontinuance unless notice given.
203	Council may contribute to expenses of draining.
204	Governor may by regulations fix drainage areas, constitute Drainage Boards, and prescribe their functions, &c.
205	Thames Drainage Board deemed duly constituted.
	As to the Working of Mines, and the Safety of Life and Property therein
206	General rules.
	As to Plans and Inspection of Mines
207	Plans of underground workings of mine to be kept.
208	Penalty if in default, or plan incorrect.
209	Further plans to be kept in mines liable to be flooded.
210	Provision for protecting mines at Thames from flooding.
211	Inspector to give notice of dangerous or defective matters not provided for.
212	Employés to report unsafe appliances or dangerous matters.
213	Inspector to make inquiry into complaints.
	As to Accidents in Mines
214	What is an offence against Act.
215	Certificates may be cancelled for negligence.
216	Presumption of negligence of owner.
217	Employer to compensate employés injured through non-observance of Act.
218	When accident occurs mine not to be interfered with.
219	Coroners’ inquests on deaths from accidents in mines
	General Provisions as to Inspection
220	Inspectors to inspect mines and see Act carried out.
221	Powers of Inspectors of Machinery not affected.
222	Right of shareholder to enter mine and inspect workings.
	As to Penalties
223	Penalty for offences.
224	Payment of penalty to person injured.
	Part VI REGISTRATION OF APPLIANCES AND PROCESSES FOR TREATING ORES AND METALS
225	Interpretation.
226	Register of machines, and license to work same.
227	Penalty for having unregistered machine.
228	Metals to be treated by registered machine, worked by licensee.
229	Rules as to register, account, and returns of all ore and metals treated.
230	Machines for analytical and other scientific purposes excepted.
231	Inspector to institute proceedings.
	Part VII COMPENSATION
232	Mode of determining claims for compensation.
233	Court before which claims to be heard.
234	Form of claims, and time within which same to be served.
235	Claims not so served to be disallowed.
236	Settlement of claim where Public Trustee is owner.
237	How compensation to be paid.
238	Compensation only payable in cases provided for.
239	Compensation for auriferous or argentiferous value of land if title to deposits established.
240	Notice that claims settled or barred.
241	Regulations as to claims for compensation.
	Part VIII MINING PARTNERSHIPS
242	This Part of Act not to apply to mining companies.
243	What constitutes a mining partnership.
244	Partnership property.
245	Proportionateshares of profits and losses.
246	Lien of member or partnership debts paid by him.
247	Purchaser becomes partner from date of purchase.
248	Decision of majority binding as to business.
249	Grounds for dissolution.
250	Partners may sue to be put in possession of unrepresented share.
251	Wages-man may be put on for unrepresented share.
252	Partnership suits.
	Part IX ADMINISTRATION OF JUSTICE
	As to the Warden’s Court
253	Sittings of Court, and seal.
	Jurisdiction of the Court
254	Matters in respect of which Warden’s Court to have jurisdiction.
255	Recovery of penalties.
	As to Assessors
256	List of resident miners to be compiled.
257	To be Assessors’ roll.
258	Assessors to be taken from roll.
	As to Parties, Proceedings, and Mode of Trial
259	Persons over fourteen may sue and be sued.
260	Mode of commencing action.
261	When complaint to be tried by Warden and Assessors.
262	Otherwise before Warden alone.
263	Provisions as to ballot for Assessors, their fees and expenses, challenges to, and their powers in Court.
264	Procedure, mode of trial, and costs.
	As to Powers of the Court
265	Powers of Court.
266	Powers in respect to encroachment suits.
267	When such powers may be exercised.
268	General powers of Court.
269	How judgments and convictions to be enforced.
270	By whom warrants may be served.
271	No proceedings to be dismissed for informality.
272	Record and formal drawing-up of judgments.
273	Mode of service of injunctions or other orders.
274	Additional powers of Court.
275	Orders may be enforced by commitment.
276	Punishment of persons guilty of contempt.
277	Rules for conduct of business.
	As to Practice and Procedure in the Warden’s Court
278	Rules of practice and procedure.
	As to Rehearings
279	Rules in respect to rehearings.
	As to Special Cases reserved
280	Special case may be reserved for Supreme Court, and interim injunction granted.
	As to Appeals
281	When appeal may be made to District Court.
282	Appeal on fact or law.
283	Notice and grounds of appeal.
284	Procedure when appeal on law alone.
285	Appeal to be by way of rehearing.
286	When appeal deemed to be abandoned
287	Proceedings when appeal abandoned.
288	Court where appeal to be heard.
289	Special days for hearing.
290	Order of appellate Court, and costs.
	As to Jurisdiction of the District Court, and Appeals therefrom
291	When District Court to have original jurisdiction, and proceedings therein.
292	Question may be reserved for Supreme Court.
	Other Provisions
293	Evidence of witnesses at a distance.
294	Proceedings within jurisdiction to be brought in Warden’s or District Courts.
295	Swearing of affidavits.
296	Removal of defects in warrants, &c.
	Part X MISCELLANEOUS PROVISIONS
	As to Development of the Mining Industry
297	Local authority may use funds to develop mining industry.
298	Method of applying moneys appropriated by Parliament to assist development of mining industry.
299	Reward for discovery of new mining field, when payable, and amount.
300	Regulations as to applications for and conditions of assistance.
301	Minister may enter into agreements.
	Regulations
302	Purposes for which regulations may be made.
303	Regulations to be laid before General Assembly, who may request same to be amended.
	General Provisions
304	Persons mining on certain lands without authority commit offence.
305	Evidence that conditions complied with.
306	If license or certificate lost, duplicate may be issued.
307	Proof of licenses.
308	Certificated extract of register to be received as evidence.
309	Directors and officers of company liable for fees and rent.
310	Bailiff may sell without license.
311	Penalty for breach of Act or regulations.
312	Penalty no bar to civil action.
313	Receiver may sue for fees or rent in arrear.
314	Receiver to furnish half-yearly return.
315	Mining Registrar to furnish monthly return.
316	Protection to Wardens.
317	Power of Warden where no provision is made.
318	Warden to prescribe matter if omission made.
	Validation
319	Validating mining privileges on land acquired from Natives while subject to lease to Kauri Timber Company.
	FIRST SCHEDULE
	SECOND SCHEDULE Claims that may be marked out and taken up

An Act to consolidate and amend the Law relating to Mines and Mining.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title. Commencement.

The Short Title of this Act is “The Mining Act, 1898,” and it shall come into operation on the first day of February, one thousand eight hundred and ninety-nine, which shall be deemed to be the commencement of the Act:

Provided that at any time after the passing of this Act the Governor may from time to time make regulations and appointments, establish Courts and districts, and do all such other things as he deems necessary towards bringing this Act into operation, but so as that the same shall not take effect before such commencement.

2 Act divided into Parts.

This Act is divided into Parts, as follows:—

Part I.—Preliminary. (Sections 3 to 9.)

Part II.—Districts and Appointments. (Sections 10 to 17.)

Part III.—Lands subject to this Act, and Lands exempted therefrom. (Sections 18 to 61.)

Part IV.—Mining Privileges. (Sections 62 to 182.)

Part V.—Working, Regulation, and Inspection of Mines. (Sections 183 to 224.)

Part VI.—Registration of Appliances and Processes for Treating Ores and Metals. (Sections 225 to 231.)

Part VII.—Compensation. (Sections 232 to 241.)

Part VIII.—Mining Partnerships. (Sections 242 to 252.)

Part IX.—Administration of Justice. (Sections 253 to 296.)

Part X.—Miscellaneous Provisions. (Sections 297 to 319.)

Part I PRELIMINARY

3 Act not to apply to coal or coal-mining.

Except where hereinafter otherwise specially provided, nothing in this Act contained shall apply to coal, or to mining or searching for coal.

4 Application to diamonds and other precious stones.

The Governor, by Order in Council gazetted, may from time to time declare that any of the provisions of this Act shall apply to mining for diamonds, and any other specified precious stones, and may also from time to time define the districts wherein any such Order in Council shall take effect.

5 Interpretation.

In this Act, if not inconsistent with the context,—

“Act,” as a statutory enactment, includes all regulations made thereunder:

“Business” means vending or disposing of goods in any other manner than by hawking under a license lawfully issued and in force for that purpose:

“Claim” means a parcel of land lawfully taken up and occupied under this Act or any former Mining Act for the purpose of mining for gold thereon; but does not include land taken up, used, or enjoyed for the purpose of facilitating mining operations on a claim:

“Clerk” means Clerk of the Warden’s Court:

“Crown lands” means all lands whatsoever the title whereto in fee-simple is vested in Her Majesty, whether by virtue of her prerogative or by operation of law, or by any deed or instrument, whether such lands are unalienated or are alienated by way of lease or license for depasturing purposes, or as a small grazing-run, under any Act providing for the disposition of lands of the Crown; and includes Native ceded lands, and all other lands whatsoever over which Her Majesty, or the Governor or the Minister on her behalf, by cession, agreement, or otherwise, possesses the right to authorise the carrying-on of mining operations; but, except where otherwise specially provided, does not include—

(1.)

Lands held by Her Majesty on any trust, express or implied, in favour of any person; nor

(2.)

Lands held by Her Majesty but dedicated to any public purpose; nor

(3.)

Public reserves and endowments within the meaning of this Act:

“Dam” includes any natural as well as any artificial depository of water:

“District” and “mining district” mean a mining district constituted under this Act:

“Endowment” means any land set apart under any Act by way of endowment for any public body or local authority, in whomsoever the fee-simple of such land is vested:

“Former Mining Act” means any Mining Act in force at any time prior to the commencement of this Act:

“Gold” includes any substance containing gold or silver, or having gold or silver mixed therein, or set apart for the purpose of extracting gold or silver therefrom:

“Inspector of Mines” or “Inspector” means an Inspector of Mines appointed under this Act, and includes an Assistant Inspector:

“Land” includes water:

“Local authority” means a Borough or County Council; a Town or Road Board, or a Harbour Board:

“Machinery” includes all mechanical appliances of whatsoever kind used for any mining purpose:

“Magistrate” means a Stipendiary Magistrate:

“Metal” includes gold:

“Mine,” as a noun, includes every parcel of land in, on, or under which any mining operations are carried on, whether such mine is occupied under any title or not, and includes also all machinery, used in such operations:

“Mine,” as a verb, includes any mode or method of working a mine:

“Miner’s right” includes also a consolidated miner’s right:

“Mineral” includes petroleum, and all other mineral oils:

“Mining” means mining operations, and includes prospecting:

“Mining Act” means any Act relating to mining for gold or any other metal or mineral:

“Mine-manager” means the person having the actual control and working of any mine:

“Mining operations” and “mining purposes” mean mining for gold or any other metal or mineral, and include—

(1.)

The stacking, storing, and treatment of any substance supposed to contain gold or any other metal or mineral;

(2.)

The erection, maintenance, and use of machinery, the construction or use of races, dams, channels, batteries, dredges, buildings, and other works connected with any such operations or purposes;

(3.)

The deposit or discharge of tailings, debris, refuse, and waste water produced from or consequent on any such operations or purposes;

(4.)

The lawful use of land, watercourses, and water; and the doing of all lawful acts incident or conducive to any such operations or purposes:

“Mining privilege” means any license, right, title, or privilege relating to mining lawfully granted or acquired under this Act or any former Mining Act, and includes the specific parcel of land in respect whereof such license, right, title, or privilege is so granted or acquired; it also includes a water-right not relating to mining, and also a business license, or a business, residence, or special site, but not an agricultural lease nor an occupation license:

“Mining Registrar” or “Registrar” means a Mining Registrar appointed under this Act:

“Minister” means the Minister of Mines, and includes any member of the Executive Council being a responsible Minister of the Crown acting for, or, if the office is vacant, in the place of, such Minister, and also his successors in such office:

“Native” means an aboriginal native of New Zealand, and includes half-castes and their descendants:

“Native ceded land” means Native land over which Her Majesty, or the Governor or the Minister on her behalf, by cession, agreement, or otherwise, possesses the right to authorise the carrying-on of mining operations:

“Native land” means land owned by Natives and acquired otherwise than by purchase from the Crown or from any person (other than a Native) deriving title from the Crown, whether the title to such Native land has or has not been ascertained by the Native Land Court or other duly constituted authority:

“Native reserves” includes all lands set aside for the use, support, or education of Natives, whether out of Crown lands or on or in connection with the sale by Natives of lands to the Crown:

“Occupier” of land includes every person in actual occupation of land under any lawful title granted by or derived from the owner of the fee-simple thereof:

“Owner,” for the purposes of Part V. of this Act, relating to the working, regulation, and inspection of mines, means the immediate proprietor or lessee or licensee or occupier of any mine or any part thereof, and, in the case of an incorporated or registered company, includes the mine-manager of such company, and in any other case includes the mine-manager of any mine; but “owner” does not include a person who merely receives a royalty, rent, tribute, or fine from a mine, or is merely the proprietor of a mine which is being worked by another person pursuant to any lease, grant, or license for the working thereof: Any contractor or tributer for the working of any mine or any part thereof, or for doing any specific work therein, shall be subject to this Act in like manner as if he were an owner, but so nevertheless as not to exempt the owner from any liability:

“Person” includes mining partnerships, local authorities, and incorporated or registered companies:

“Prescribed” means prescribed by this Act or by any regulations made thereunder:

“Private lands” means lands owned in fee-simple under title from Her Majesty, and includes land held under license or lease from Her Majesty with the right of acquiring the fee-simple thereof:

“Public reserve” means any land set apart for any of the purposes mentioned in the First Schedule to “The Public Reserves Act, 1881,” whether or not the same is vested in Her Majesty or is vested in or under the control of trustees, as hereinafter defined, and includes any land set apart under this Act or any former Mining Act as a public reserve, but does not include such Crown lands within hundreds or elsewhere as are declared to be commonage lands:

“Race” means any artificial channel or ditch for the conveyance of water, or water and refuse, or into which water or water and refuse may be diverted or conveyed, for any purpose authorised by this Act, and includes the right to the water named in the grant of such race:

“Receiver” means a Receiver of Gold Revenue appointed under this Act:

“Sea” extends to low-water mark on the shore of such sea:

“Sluice-head” means a stream of water capable of discharging sixty cubic feet of water per minute:

“Stream” includes creek, river, and every tributary thereof, whether water flows therein permanently or not:

“Transfer” of a mining privilege includes sale, lease, transmission, mortgage, lien, encumbrance, or other disposition thereof, or of any part thereof:

“Transmission” of a mining privilege means the acquisition of title to a mining privilege by death, will, intestacy, bankruptcy, or marriage, or by appointment or succession to any office, or as trustee:

“Tributer” means any person who, pursuant to an agreement with the holder of any mine, has the right to mine therein upon the terms of paying to such holder a percentage or portion of the earnings or proceeds of such mine:

“Trustees,” in relation to a public reserve or endowment, or Native reserve, means the persons in whom such reserve or endowment is vested, or under whose control it is; and, in respect to reserves or endowments vested in Her Majesty, means the Governor:

“Unalienated Crown land” includes all Crown lands comprised in any mining privilege under this Act or any former Mining Act, or held under any lease or license for depasturing purposes or any occupation license:

“Warden” means any person appointed to be Warden under this Act:

“Watercourse” means and includes any stream, pool, lake, or other natural channel or depository of water, whether containing water or not, and includes the water therein, and the tributaries thereof:

“Workman” includes every person employed in working for wages, or on contract, or in connection with any mining privilege other than a business-site or residence-site:

Words in this Act referring to a particular Court, office, Warden or other officer shall be construed as referring to the Court or office in the district, or to the Warden or other officer having jurisdiction or exercising his functions within the district, wherein arose the matter in relation to which the reference is made; or, if such matter did not arise within a district, then to the Court or office in, or to the Warden or other officer having jurisdiction or exercising his functions within, the nearest district.

6 Repeal. First Schedule. Saving.

The several Acts mentioned in the First Schedule to this Act are hereby repealed; but such repeal shall not affect—

(1.)

The past operation of any Act hereby repealed:

(2.)

Anything lawfully done under or validated by any Act hereby repealed:

(3.)

Any right, title, interest, or privilege acquired, or any liability incurred, under any Act hereby repealed:

(4.)

Any appointment or matter made or lawfully done under or validated by any Act hereby repealed:

(5.)

Any penalty, forfeiture, or other punishment incurred in respect of any offence against any Act hereby repealed:

(6.)

Any suit or other proceeding depending in any Court, or before any Judge, Warden, or other person.

7 Matters arising under repealed Acts to be determined thereunder.

All questions arising in relation to any former Mining Act, or in relation to any right, title, interest, or privilege acquired or any liability incurred thereunder respectively, shall, unless where otherwise is specially provided, be determined under such Act, notwithstanding the repeal thereof, and every such Act shall, for the purposes of this section, and of continuing and perfecting any matter or thing commenced or in progress thereunder, be deemed to be unrepealed:

Provided that all applications in respect of mining privileges pending at the coming into operation of this Act shall be proceeded with and be disposed of under this Act, and for that purpose shall (when necessary) be deemed to relate to the corresponding mining privileges under this Act.

8 Proclamations, &c., to continue in force.

All Orders in Council, Proclamations, appointments, awards, orders, rules, and regulations which, having been made under any former Mining Act, are in force at the commencement of this Act shall, save in so far as they are inconsistent with this Act, continue in force until altered or revoked under this Act.

9 Proclamations, &c., may be applied partially or generally.

Every Proclamation, Order in Council, order, rule, regulation, or Gazette notice made under this Act by the Governor or the Minister may be made from time to time, and so as to apply in any manner, partially or generally, in relation to matter, person, time, or place; and may from time to time in a similar manner be altered, revoked, or cancelled.

Part II DISTRICTS AND APPOINTMENTS

10 Governor may constitute districts, alter boundaries, or withdraw Crown lands from.

The Governor may from time to time, as he thinks fit, by Proclamation,—

(1.)

Constitute and appoint any portion of the colony to be a mining district, and assign a name and boundaries to such district; and also

(2.)

Alter the name or boundaries of any mining district, or abolish any mining district; and also

(3.)

Withdraw any Crown lands from any mining district:

Provided that such alteration, abolition, or withdrawal shall not affect any mining privilege or other right, title, or interest lawfully acquired and existing within the area to which such alteration, abolition, or withdrawal relates at the time when the Proclamation effecting the same is made.

11 Constitution of Wardens’ Courts and appointment of Wardens.

The Governor may from time to time, as he thinks fit, by Order in Council,—

(1.)

Constitute and appoint in and for any one or more districts or portions thereof such Wardens’ Courts as he deems necessary; and also

(2.)

Abolish any such Court; and also

(3.)

Appoint fit persons to be Wardens, each of whom shall hold office during the Governor’s pleasure, and for the purposes of this Act shall have jurisdiction throughout the colony, but shall exercise his jurisdiction and perform his duties and functions in such districts or localities as the Minister from time to time directs:

Provided that the fact of any Warden exercising jurisdiction or performing any duty or function in any Court, district, or locality shall be conclusive evidence of his authority so to do.

12 Appointment of Mining Registrars, Receivers of Gold Revenue, Clerks, and bailiffs.

(1.)

The Governor may from time to time, in such manner and on such terms as he thinks fit, appoint for any one or more districts or portions thereof such fit persons to be Mining Registrars, Receivers of Gold Revenue, Clerks, bailiffs, assistant clerks, assistant bailiffs, and other officers of Wardens’ Courts therein as he deems necessary, all of whom shall hold office during the Governor’s pleasure.

Deputies thereof.

(2.)

If and as often as any such officer is incapacitated by illness, absence, or other sufficient cause from performing his duties, the Warden may appoint a fit person to act as deputy, who, whilst so acting, shall have all the functions and duties of the officer for whom be is the deputy.

(3.)

An entry of every such appointment shall be made by the Warden in the minute-book of the Court.

13 Appointment of Inspectors of Mines, and post-offices for payments.

The Governor may from time to time, in such manner and on such terms as he thinks fit,—

(1.)

Appoint fit persons to be Inspectors of Mines; and also

(2.)

Appoint any Receiver of Land Revenue to be at the same time Receiver of Gold Revenue; and also

(3.)

Appoint post-offices at which miners’ rights and business-site licenses may be issued by, and rents, royalties, fees, and other moneys receivable under this Act may be paid to, the Postmaster or chief officer in charge of any such post-office:

And may also prescribe the mining districts or portions thereof in and for which each such appointment is made.

14 Existing districts and Courts continued.

All mining districts and Wardens’ Courts which, having been constituted under any former Mining Act, are in existence at the commencement of this Act shall be deemed to be constituted under this Act.

15 Persons continued in office.

Every person who, having been appointed to any office under any former Mining Act, holds that office at the commencement of this Act shall be deemed to be duly appointed to the same office under this Act.

16 Officers not to have personal interest.

(1.)

It shall not be lawful for any person appointed or employed by or under the Crown in any capacity in the administration of this Act to hold directly or indirectly any pecuniary interest whatever in any mining privilege in the district in which he performs his duties:

Provided that this section shall not apply to surveyors, or to Postmasters or officers in charge of post-offices.

(2.)

It shall not be lawful for any officer of a Warden’s Court to knowingly do anything in any way connected with the administration of this Act otherwise than in the exercise of his functions and duties as such officer.

(3.)

If any person commits any breach of any of the provisions of this section be is liable to a penalty not exceeding one hundred pounds.

17 Penalty on Warden for acting if interested.

If any Warden knowingly adjudicates on any matter wherein he has directly or indirectly any pecuniary interest, then, in addition to any other penalty to which he thereby exposes himself, be is liable on conviction upon indictment in any competent Court to imprisonment with or without hard labour for any term not exceeding two years, or to a penalty not exceeding two hundred pounds

Part III LANDS SUBJECT TO THIS ACT, AND LANDS EXEMPTED THEREFROM

Mining on Crown Lands

18 Crown lands in mining districts open for mining.

Subject to the limitations and provisions hereinafter contained, all Crown lands within any mining district are hereby declared to be open for mining under the provisions of this Act.

19 Leased lands in mining districts deemed Crown lands.

The land comprised in any lease in perpetuity, or other lease or license, granted on or at any time after the sixth day of October, one thousand eight hundred and ninety-three, under “The Land Act, 1892,” whether as an original lease or license, or in exchange for a pastoral or other lease or license of any kind, or for a small grazing-run, shall, if such land is situate in a mining district at the time of such grant, be deemed to be Crown lands within the meaning of this Act, anything in “The Land Act, 1892,” or any other Act to the contrary notwithstanding.

20 Crown lands may be set apart for mining or exempted therefrom.

(1.)

The Governor may from time to time, by notice in the Gazette,—

(a.)

Set apart for mining purposes exclusively, or for any specified mining purpose exclusively, any unoccupied Crown lands within a mining district or outside thereof; and also

(b.)

Exempt any Crown lands from mining, or from any specified mining purpose, or from this Act or any specified provisions of this Act.

(2.)

The lands to which any such Gazette notice relates shall be specified therein by words of particular description.

(3.)

So long as any such lands are set apart for mining purposes exclusively, or for any specified mining purpose exclusively, pursuant to any such Gazette notice, they shall not be available for any other purposes.

(4.)

So long as any such lands are exempted from mining, or from any specified mining purpose, or from this Act or any specified provisions of this Act, pursuant to any such Gazette notice, they shall, to the extent of such exemption, cease to be subject to the operation of this Act.

21 Warden may temporarily reserve or exempt lands.

(1.)

The Warden may from time to time, in the prescribed manner, and until the assent of the Governor is ascertained,—

(a.)

Reserve for any public use or purpose any unoccupied Crown lands within his district; and also

(b.)

Exempt from mining or from any specified mining purpose any Crown lands within his district.

(2.)

So long as any such reservation continues in force, the lands thereby reserved shall be deemed to be public reserves within the meaning of this Act.

(3.)

So long as any such exemption continues in force the provisions of subsection four of the last-preceding section hereof shall apply to the exempted lands.

22 State forests subject to Act.

Notwithstanding anything contained in “The New Zealand State Forests Act, 1885,” all Crown lands set apart thereunder for forest lands shall nevertheless be subject to the provisions of this Act relating to mining on Crown lands:

Saving as to timber.

Provided that nothing contained in this section shall be construed to authorise the felling or removing of any timber upon or from such forest lands within a mining district for other than mining purposes except under the provisions of the Act first aforesaid.

Public Reserves, Endowments, and Native Reserves

23 Public reserves may be made in mining district.

The Governor may from time to time, by notice in the Gazette, set apart any unoccupied Crown lands in a mining district as a public reserve for any specified public use or purpose, subject to such conditions and regulations as he thinks fit to prescribe.

24 Reserves and endowments exempt from Act.

Subject to the provisions hereinafter contained, all public reserves and all endowments and Native reserves are hereby declared to be exempt from the operation of this Act:

Provided that all public reserves, endowments, and Native reserves which at the commencement of this Act were within the operation of any former Mining Act shall to the same extent be subject to the operation of this Act.

25 Public reserves, endowments, or Native reserves may be brought under Act.

With respect to the lands comprised in any public reserve or endowment, or Native reserve, and situate within any mining district, the following provisions shall apply:—

(1.)

The Governor may from time to time, by notice in the Gazette, bring such lands or any specified portion thereof within the operations of this Act or of any specified provisions of this Act.

(2.)

So long as such Gazette notice continues in force, the provisions specified therein shall, according to the tenor therof, apply to the land comprised therein as fully as if such lands were Crown lands open for mining, subject nevertheless to such conditions, modifications, and restrictions (if any) as the Governor by regulations or otherwise thinks fit to prescribe.

(3.)

All fees, rents, royalties and other moneys received under this Act in respect of such lands shall be paid into the Public Account, and such portion thereof as would be payable to local authorities as goldfields revenue, if the lands were Crown lands open for mining, shall be payable to the trustees, or, in the case of Native reserves not vested in trustees, to the Native owners who for the time being are entitled to receive the revenue derived from such lands.

(4.)

The portion so payable shall, where necessary, be determined by the Minister, whose decision shall be final.

(5.)

The powers by this section conferred upon the Governor may, in the case of Native reserves, be exercised by him in respect to specified Native reserves only, or to specified classes of Native reserves, or to all Native reserves generally, as he thinks fit, and subject in every case to such conditions and restrictions as he from time to time prescribes by regulations or otherwise.

26 Protection of constructed works and saving of title of trustees.

Nothing in the last-preceding section hereof contained—

(1.)

Shall empower any person to interfere in any way whatsoever with any works already constructed, or that may be hereafter constructed, upon any public reserve or endowment or Native reserve by the trustees thereof, or, in the case of Native reserves not vested in trustees, by the Native owners thereof, or by any person with the previous consent of such trustees or owners; nor

(2.)

Shall detrimentally affect any rights in respect to mining heretofore granted by the Warden upon any such reserve or endowment, all which rights, in so far as they exist at the coming into operation of this Act, and are not in any way injurious to any such works as aforesaid, and are exercised in accordance with regulations under this Act, shall be deemed to have been granted under this Act; nor

(3.)

Shall detrimentally affect the title of the trustees of such reserve or endowment, or any power or authority in respect thereof, so far as the same does not conflict with any of the provisions of this Act within whose operation such reserve or endowment is brought; nor

(4.)

Shall affect any of the provisions of “The Kumara Education Reserve Act, 1879,” all of which shall continue in force as if this Act had not been passed.

27 Restriction of special power of alienation.

(1.)

Notwithstanding any express or implied power contained in or conferred by any Act, it is hereby declared that, except with the previous consent of the Governor, no trustees of any public reserve or endowment shall hereafter have any power to make any disposition thereof, whether by way of sale, mortgage, charge, lease, license, or otherwise, whilst the same is subject to the operation of any of the provisions of this Act.

(2.)

Any such disposition heretofore lawfully made may be brought by the Governor under any special regulations made by him under this Act.

Native Lands

28 Native Land Court may declare Native land open for prospecting or ceded for mining purposes.

(1.)

On the investigation of the title to or on the partition of any block of Native land, or at any time after such investigation or partition (whether made before or after the commencement of this Act), the Native Land Court may, on application by or on behalf of the Governor, and with the written or verbal consent of a majority of the Native owners, by order declare the whole or any portion of such land,—

(a.)

To be open for prospecting, in which case such land shall be open for prospecting under the provisions of this Act without the consent of the owners or occupiers; or

(b.)

To be ceded to Her Majesty for mining purposes, on such conditions as are specified in the order as having been agreed upon between the Governor and a majority of the Native owners; in which case such land shall be deemed to be Native ceded land.

(2.)

Due notice of every such application made after investigation of title or partition of Native land shall be given in the Kahiti, and also in such other manner as the rules of the Native Land Court prescribe.

29 Native reserves available for mining purposes in certain cases.

Whereas in many cases Natives, when ceding blocks of land to the Crown for mining purposes, have reserved or may reserve therefrom certain areas used or intended to be used by them as sites for residences, cultivations, burial-grounds, or otherwise, and it is expedient that such areas should be available for mining purposes, provided the use for which they were so reserved is not thereby prejudicially affected: Be it therefore enacted that, notwithstanding anything to the contrary in this or any other Act contained, such areas shall be open for mining purposes in like manner in all respects as if they were Native ceded lands, and in every such case (but so long only as such reservation continues) the provisions of section eighty-nine hereof shall, mutatis mutandis, apply.

30 Native ceded lands open for mining.

All Native ceded lands are hereby declared to be open for mining under the provisions of this Act in the same manner as Crown lands, subject in every case to the special provisions of this Act relating to Native ceded lands, and subject also to the terms and conditions of the particular agreement under which such land was ceded:

Provided, however, that all provisions of this Act which conflict with the terms of any such agreement shall be deemed to be superseded by such agreement so long as such agreement continues in force.

31 Fees in respect of Native ceded lands.

Until the freehold of Native ceded land is acquired by Her Majesty, all fees, royalties, and rents received under this Act in respect of such lands shall in the prescribed manner be payable to the Native owners.

32 Business- and residence-sites on Native ceded land.

Notwithstanding anything elsewhere contained in this Act, the following special provisions shall apply, with respect to business-sites and residence-sites on Native ceded land, in every case where pursuant to the agreement for cession made with the Native owners a specified scale of payment is prescribed in respect of such sites:—

(1.)

If the scale is higher than the license-fees payable under this Act, the scale shall supersede the Act.

(2.)

If the license-fees payable under this Act are higher than the scale, the license - fees shall be payable, and after allocating to the Native owners so much thereof as is equal to the scale, the surplus shall be payable to the local bodies who would be entitled to the goldfields revenue if the land were other than Native ceded land.

33 Penalty for mining on Native land without authority.

If any person carries on mining operations—

(1.)

On any Native ceded land without being duly authorised under this Act so to do; or

(2.)

On any Native land without being duly authorised under this Act or by the Native owners so to do,—

he commits an offence, and is liable to a penalty of not more than fifty pounds.

34 Saving of Acts relating to Native lands in Auckland District.

Nothing in this Act contained shall be deemed to affect “The Auckland Goldfields Proclamations Validation Act, 1869,” or any of the provisions of the several agreements therein recited; and that Act, and also “The Ohinemuri Goldfield Agricultural Leases Validation Act, 1876” (excepting sections six, seven, and eight thereof), shall continue in full force as if this Act had not been passed, subject, however, to the following provisions, that is to say:—

(1.)

All rents arising in respect of land described in the first four Schedules of “The Auckland Goldfields Proclamations Validation Act, 1869,” and occupied under licenses or leases issued under any Act for the time being in force authorising the same, shall, for the purposes of the said agreements and until the freehold of such land is acquired by the Crown, be deemed to be money arising from miners’ rights.

(2.)

Any person who, on or before the first day of January, one thousand eight hundred and ninety-two, was the lawful holder of an agricultural lease under “The Ohinemuri Goldfield Agricultural Leases Validation Act, 1876,” of any land within the Ohinemuri Block, may, at any time whilst be continues to hold the same, purchase without competition the freehold of the land comprised therein at the same price as the upset price at which Crown lands of the same class in the same district would be open for sale:

Provided nevertheless as follows, that is to say:—

(a.)

That at the time of application for the purchase of such land the freehold thereof has been acquired by the Crown; and also

(b.)

That the Warden, after investigation, reports to the Minister that the land is not auriferous or argentiferous, and is not required for mining purposes; and also

(c.)

That there shall be excluded from such purchase all land situate within sixty-six feet of the bank of any watercourse in the said block.

35 Rights under Ohinemuri deed of cession not to abate on extinguishment of Native title.

The rights acquired by the Governor on behalf of Her Majesty under the deed of cession of the Ohinemuri Block, dated the eighteenth day of February, one thousand eight hundred and seventy-five, as published in the Auckland Provincial Government Gazette of the eighth day of July, one thousand eight hundred and seventy-five, shall not abate or be prejudicially affected by reason of the extinguishment of the Native title to or the issue of a Crown grant or other instrument of title for the land comprised therein or any portion thereof; and the said deed of cession shall from the date thereof be deemed to have been and to be valid and binding on all persons whatsoever according to the true intent and meaning of the same.

36 Mining rights over Native lands when Native title extinguished.

All mining rights which, on 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 Native land shall inure to Her Majesty and remain unaffected notwithstanding the extinguishment of the Native title to 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.

Sale and Occupation of Crown Lands

37 Land Act not to apply except in certain cases.

Subject to the provisions of this Act, no Crown lands within any mining district shall be sold, leased, or otherwise disposed of under any provisions of any Act for the time being in force in such district regulating the sale, lease, occupation, or disposal of lands of the Crown, except in so far as such last-mentioned provisions specially authorise the sale, lease, occupation, or disposal of Crown lands within a mining district, or relate to—

(1.)

The making of reserves; or to

(2.)

The exchange of agricultural leases under any former Mining Act for leases or licenses under “The Land Act, 1892”; or to

(3.)

The occupation of land held under any lease or license granted before the commencement of this Act in the case of a mining district existing at the time of such commencement, and in any other case before the issue of the Proclamation constituting the mining district; or to

(4.)

Land reserved for any public use or purpose; or to

(5.)

The issue of leases or licenses for any of the following purposes:—

Depasturing;

Removal of clay for bricks or pottery;

Removal of sand, gravel, or stone;

Working of quarries;

Sites for ferries, sawmills, flour-mills, tanneries, fellmongers’ yards, slaughter-yards, potteries, brick- or limekilns; and

Cutting, growing, or dressing flax:

Provided that in no case shall the Land Board or Commissioner of Crown Lands dispose in any way of any Crown lands in a mining district without first referring the proposed disposition to the Warden, and receiving his report thereon, nor grant any mining or mineral lease or prospecting license in any mining district:

Provided further that nothing in this Act shall affect the provisions of “The Mining Districts Land Occupation Act, 1894.”

38 Special regulations in such cases.

The Governor may from time to time make regulations under this Act or “The Land Act, 1892,” for all or any of the purposes mentioned in the last-preceding section hereof.

39 Lands may be declared open for sale.

(1.)

The Governor may from time to time, by Gazette notice, declare any unalienated Crown lands within any district to be open for sale or lease, on such dates and in areas of such size and form as he determines:

Provided that all lands within sixty-six feet from the bank and along the entire course of any watercourse shall be and be deemed to be excluded from any such sale or lease:

Provided further that before acting under this section the Governor shall in each case refer the matter to the Warden for his report.

(2.)

The lands so open for sale or lease may be disposed of at the same price and subject to the same terms and conditions, or as near thereto as may be, as in the case of Crown lands of the same class not within a district; and it shall not be necessary to withdraw lands from the district for the purposes of this section.

40 Valuation for buildings and improvements.

In any case where land is about to be sold or leased as aforesaid, and there exist thereon buildings or other bonâ fide improvements erected or made by any person in lawful occupation of such land under miner’s right or business license, or license for a business, residence, or special site, he shall be entitled to valuation for such buildings and improvements in the manner and to the extent following, that is to say:—

(1.)

The amount of such valuation shall be ascertained in the prescribed manner, and shall be added to the upset price of the land without such buildings or improvements; and the land shall be put up for sale or lease weighted with such amount accordingly.

(2.)

Such person shall be entitled to deduct the amount of such valuation from his purchase-money, if he is the highest bidder for and becomes the purchaser of the land, or to receive such amount from the purchase-money of any other person who is such highest bidder and purchaser.

(3.)

No right to valuation shall exist if, at the time when the buildings were erected or the improvements were made, the land was subject to or was reserved for survey or sale, and in no case shall any right to valuation exist as against the Crown.

(4.)

Upon the purchase being completed and the amount of the valuation (if any) being duly paid or accounted for to the person in occupation as aforesaid, his right to occupy under such miner’s right or business license, or license for a business, residence, or special site, shall cease and determine, and the purchaser shall be entitled to possession of the land under the title acquired by his purchase.

41 Extension to persons in occupation without title.

The Governor in his discretion, and with such modifications as he thinks fit, may extend the provisions of the last-preceding section hereof to cases where, before the commencement of this Act, buildings or other improvements have been erected or made on unalienated Crown lands by persons in occupation thereof without title.

42 Rights acquired protected whether reserved in Crown grant or not.

(1.)

No Crown grant or conveyance, nor any license for a mining privilege, shall have the effect of revoking or injuriously affecting any mining privilege or easement or tenement lawfully acquired and held under this Act or any former mining Act, whether any reservation or exception thereof is contained in such grant, conveyance, or license or not.

(2.)

Every such grant, conveyance, or license shall be construed as if it contained an express reservation of the right to hold, occupy, and use such mining privilege or easement or tenement, with all necessary and reasonable means of access to work, cleanse, repair, and efficiently use the same.

(3.)

The provisions of this section shall be deemed to be and to have been in force within every goldfield proclaimed under “The Goldfields Act, 1866,” and gold-mining district constituted under “The Gold Mining Districts Act, 1873,” from the date of the original Proclamation of such goldfield or constitution of such district; and every such grant, conveyance, or license issued or to be issued in respect of land within any such district shall be construed accordingly.

43 Grants of leases to certain occupiers in mining districts.

The Governor, under regulations to be made in that behalf, may from time to time grant to any occupant of land under business license, business-site license, or miner’s right in any township within a mining district who has improved such land to the satisfaction of the Warden a lease of the surface thereof for any term not exceeding twenty-one years, at such rent and under such terms and restrictions as the Governor thinks fit; and with respect to every such lease, whether granted under this Act or under the corresponding provisions of any former Mining Act, the following special provisions shall apply:—

(1.)

Such lease shall entitle the lessee to all the rights and privileges enjoyed by holders of business-site licenses under this Act.

(2.)

If at any time during the currency or at the termination of any such lease the land comprised therein is proved to the satisfaction of the Governor to be neither auriferous nor argentiferous, nor to be required for any mining purpose, such land may be sold by public auction, subject to valuation for building and improvements in the manner and to the extent provided for in section forty hereof.

(3.)

At the end of the lease, unless the land is proved to be auriferous or argentiferous, the lessee shall be entitled to a renewal of the lease for a further period of twenty-one years, at such rent and under such terms and restrictions as the Governor thinks fit.

(4.)

The rent of all such leases shall be goldfields revenue, and payable to the Receiver of the district in which the land is situated.

44 Provisions as to lands in West Coast coalfields.

With respect to the lands comprised in the First, Second, and Third Schedules to “The Westland and Nelson Coalfields Administration Act, 1877,” the following provisions shall apply:—

(1.)

All the powers and functions by section eight of that Act conferred on the Minister of Lands, or the Land Board, or the Commissioner of Crown Lands, for the disposal of such lands are hereby transferred to and shall be exercised by the Minister and the Warden respectively.

(2.)

Such lands are hereby declared to be subject to the provisions of this Act in the same manner as Crown lands within a mining district and open for mining:

Provided that every application for any mining privilege shall be referred either to the Greymouth Harbour Board or, as the case may be, the Westport Harbour Board, whichever is entitled to receive the rents and profits of the land to which the application relates, for the report of such Board thereon, and that all rents, royalties, and license-fees received in respect of any such mining privilege shall be paid over to such Board.

(3.)

With the consent of the Minister, the Warden shall have all the powers of a Land Board to grant licenses in respect of such lands for all or any of the purposes mentioned in section two hundred and twenty-two of “The Land Act, 1892,” excepting the power to grant licenses for sites for inns and accommodation-houses.

(4.)

The Governor may from time to time make regulations prescribing the mode of granting such licenses, the forms thereof, and whatever else be deems necessary in order to give full effect to this section.

(5.)

Nothing in this section contained shall affect the provisions of section three of “The Coal-mines Act, 1891.”

45 Mining townships and suburban sections may be laid off.

(1.)

With the approval of the Minister the Warden may cause any unalienated Crown land in a district to be surveyed into townships and laid off in sections not exceeding one quarter of an acre each; and also may cause Crown lands adjoining or in the neighbourhood of such townships to be laid off in suburban sections not exceeding five acres each; and, with respect to the lands, so laid off, the following provisions shall apply:—

Terms of leases.

(a.)

They shall be offered by public auction on lease for the term of not more than ninety-nine years at an upset rental to be fixed by the Warden.

(b.)

The auction shall be conducted by such person and at such time and place as with the approval of the Minister the Warden directs.

(c.)

The lease shall entitle the lessee to the surface only of the ground, and shall not confer on him any right to prevent mining operations being carried on by other persons beneath the surface, subject to provisions to insure the safety of buildings and erections, and to prevent injury to the surface.

(d.)

No fine, premium, or foregift shall be taken in respect of any lease.

(e.)

The provisions of section forty hereof relating to valuation and possession shall, mutatis mutandis, apply.

(f.)

The rent of all such leases shall be goldfields revenue, and shall be payable to the Receiver accordingly.

(2.)

With the consent of either the Greymouth Harbour Board or, as the case may be, the Westport Harbour Board, whichever is entitled to receive the rents and profits of the lands, the provisions of this section shall apply to the lands comprised in the First, Second, and Third Schedules to “The Westland and Nelson Coalfields Administration Act, 1877”:

Provided that the upset rental of the leases shall be fixed on the recommendation of the Harbour Board concerned, and also that all revenue derived from the disposal of such lands under this subsection shall be paid over to the Harbour Board concerned.

(3.)

The Governor may from time to time make regulations prescribing the mode of laying off townships and sections, and of leasing such sections, the forms, terms, and conditions of such leases, and whatever else be deems necessary in order to give full effect to this section.

46 “The Westland and Nelson Coalfields Administration Act, 1877,” not affected.

Nothing in either of the two last-preceding sections hereof contained shall affect “The Westland and Nelson Coalfields Administration Act, 1877,” otherwise than is by those sections expressly provided.

Illegal Occupation of Crown Lands

47 Persons in illegal occupation may be rated as occupiers.

For the purposes of “The Rating Act, 1894,” and “The Rating on Unimproved Value Act, 1896,” respectively, but for no other purpose, every person who is in the illegal occupation of any Crown lands within a mining district shall be deemed to be an “occupier” within the meaning of those Acts, and shall be liable to pay rates in respect of the land illegally occupied by him in the same manner as if he were in lawful occupation thereof:

Provided that nothing in this section contained shall be construed to give any validity to such illegal occupation.

48 Penalty for depasturing cattle without consent of lessee.

In any case where, without the consent of the lessee or licensee of the land, any person depastures any horses, cattle, sheep, goats, or other animals upon any Crown land occupied by virtue of any lease or license within a mining district, such person is liable to pay to such lessee or licensee, by way of damages, any sum not exceeding five shillings per head for every animal so depastured, and such damages may be recovered by suit in the Warden’s Court.

49 Penalty for depasturing cattle on Crown lands without license.

In any case where any person depastures upon any Crown land within a mining district any horses, cattle, sheep, goats, or other animals without a license in that behalf, or a greater number of animals than be is authorised to depasture under any such license, such person is liable to a penalty not exceeding five shillings for every animal so depastured, and such penalty may be recovered by complaint in the Warden’s Court.

Lands open to Prospecting and Lands liable to Resumption

50 Alienated Crown or Native lands open for prospecting, and may be resumed.

Subject to the provisions hereinafter contained, it is hereby declared that all lands whatsoever that heretofore have been or hereafter may be alienated from Her Majesty, or, in the case of Native land, from the Native owners thereof to any other person than Her Majesty, whether by way of absolute sale or for any lesser estate or interest, shall be open for prospecting for gold and any other metal or mineral, and shall also be liable to be resumed by Her Majesty for mining purposes: Provided—

(1.)

That the consent of the owners or occupiers shall be necessary in the case of such of the aforesaid lands as, having been alienated as aforesaid from Her Majesty prior to the twenty-ninth day of September, one thousand eight hundred and seventy-three, or from the Native owners thereof prior to the thirtieth day of August, one thousand eight hundred and eighty-eight, were not comprised within any mining district on the seventeenth day of October, one thousand eight hundred and ninety-six; and also

(2.)

That in so far as relates to prospecting for other than gold, the consent of the owners or occupiers shall be necessary in the case of lands alienated as mentioned in the next-preceding subsection hereof, whether such lands were or were not comprised within any mining district on the date mentioned in that subsection; and also

(3.)

That nothing in this section contained shall be construed to limit or affect the provisions of this Act relating to prospecting or mining on Crown lands, or the rights of Her Majesty in respect of any lands over which the right to authorise mining operations has been, is, or may hereafter be possessed, reserved, or acquired by or ceded to Her Majesty.

As to Resumption

51 Resumption as if taken for a public work.

The resumption for mining purposes of any land liable to be resumed as aforesaid shall be deemed to be the taking of land for a public work within the meaning of “The Public Works Act, 1894,” and shall be effected subject to the provisions hereinafter contained.

52 Application for resumption, and deposit.

Any person may make application in writing to the Minister for the resumption of any such land as aforesaid for mining purposes, and shall forward with such application the sum of twenty-five pounds by way of deposit, whereupon the following provisions shall apply

(1.)

The Minister shall refer such application to the Warden, and shall inform the applicant thereof.

(2.)

The Warden shall inquire into the matter of such application, and make report thereon to the Minister.

(3.)

Such report shall state the reasonable costs (if any) properly incurred in connection with the inquiry (including any reasonable costs properly incurred by any owner or occupier of the land), and also what proportion thereof (if any) the applicant ought to pay.

(4.)

The aforesaid deposit shall be applied in paying such proportion of costs as aforesaid, and the balance (if any) of the deposit shall be returned to the applicant.

(5.)

If the deposit is not sufficient to pay such proportion as aforesaid, the deficiency, or, if the report states that no costs should be paid by the applicant, the total amount thereof, shall be paid, charged, and recouped in the same manner as the compensation payable in the event of the land being resumed, or, if the land is not resumed, shall be paid out of moneys to be appropriated by Parliament.

53 Minister to determine whether land to be resumed.

Upon receipt of such report the Minister shall determine in his discretion whether the land should or should not be resumed in whole or in part, and the land to be resumed shall be taken on behalf of Her Majesty in manner prescribed by “The Public Works Act, 1894”: Provided that, except with the consent in writing of the owner and occupier, no land shall be resumed—

Exceptions.

(1.)

Which is actually used as a garden, orchard, vineyard, nursery, plantation, or ornamental pleasure-ground; nor

(2.)

Which, being situate within any town or borough, is of less area than a quarter of an acre; nor

(3.)

Which is the site of or situate within one hundred feet of the site of any house, factory, hospital, asylum, church, public building, cemetery, or waterworks; nor

(4.)

Which cannot lawfully be resumed without the consent of the owner and occupier; nor

(5.)

Which is being mined for gold by or pursuant to the lawful authority of the owner or occupier, in areas marked out in the same manner as is prescribed by this Act in the case of a claim, no one of which exceeds the maximum area of a special claim, and on all of which the mining operations are conducted in accordance with the provisions of this Act in like manner, mutatis mutandis, as if each such area had been duly taken up as a claim on Crown land; nor (6.) Which is being prospected for gold as vigorously and continuously as would be required in the case of a licensee under a prospecting license; nor

(7.)

Which, having been alienated from the Crown prior to the twenty-ninth day of September, one thousand eight hundred and seventy-three, or, in the case of Native land, by the Native owner to any person other than Her Majesty prior to the thirtieth day of August, one thousand eight hundred and eighty-eight, was comprised in any mining district on the seventeenth day of October, one thousand eight hundred and ninety-six, if the owner or occupier thereof satisfies the Warden that the land is being prospected with reasonable diligence, and that an average sum of not less than one pound per acre is being expended in so doing; nor

(8.)

Which, in the case of private land, is being prospected or mined by the owner or occupier, or forms part of a block that is being so prospected or mined, unless the applicant for resumption pays to the owner or occupier a sum bearing the same proportion to the net balance of the total amount expended since the first day of December, one thousand eight hundred and ninety-six, in prospecting and mining as aforesaid (after making due allowance for all receipts and recoveries) as the acreage of the land to be resumed bears to the acreage of the whole block:

Provided that the sum paid under this section by the applicant for resumption shall not exceed the rate of two pounds per acre of the land resumed, and also that the sum so paid shall not be taken into account in assessing the compensation payable in respect of the resumption.

54 Limitation of subsequent application if not resumed.

If the Minister determines that the land should not be resumed, either in whole or in part, he shall inform the applicant thereof; and no further application for resumption of that land shall, unless by his special direction, be entertained for a period of twelve months thereafter.

55 Assessment of compensation.

(1.)

All claims for compensation in respect of the land so resumed shall be assessed and settled in manner and to the extent provided in Part VII. of this Act.

Arrears of fees, &c., to be deducted from compensation.

(2.)

In every case where any land is resumed before the same has been actually granted by the Crown in fee-simple, there shall be deducted from the compensation payable to any person in respect of such resumption the amount of all unpaid license-fees, rents, purchase-money, or other money payable by him in respect of such land, computed up to the date of such resumption.

56 Special provisions in case of lands other than Crown lands.

Notwithstanding anything hereinbefore contained, the following special provisions shall apply in the case of all lands whatsoever in the colony other than Crown lands open for mining:—

(1.)

The owner of any such land, or any person with the written consent of the owner and occupier (if any), may in the prescribed manner apply to the Warden for any description of mining privilege authorised by this Act in the case of Crown lands in a mining district, and the Warden, in his discretion, may grant a license for the same.

(2.)

Every license so granted shall be deemed to be granted and shall be held subject to this Act, and subject also to any agreement made between the grantee and the owner or occupier, in so far as such agreement is not inconsistent with this Act.

(3.)

So long as such license continues in force the land comprised therein shall not be resumed for mining purposes, nor shall any prospecting license be granted in respect thereof.

57 Agreement with owner for mining purposes in lieu of resumption.

In lieu of resuming land for mining purposes, the Minister may agree in writing with the owner thereof that such land shall be available for mining purposes in like manner as if it were Crown land, and in every such case the provisions of paragraphs (a), (b), and (c) of section seventy-seven hereof, and also the Second Schedule hereto, shall, mutatis mutandis, apply.

58 Owner entitled to rents, royalties, and fees.

In every case where land is made available for mining purposes under the provisions of either of the two last-preceding sections hereof the owner of the land shall, whilst the same is so available, be entitled to all rents, royalties, and license-fees derived from mining in respect of such land, and the same shall be paid to him accordingly as and when received by the Receiver.

Surrender or Determination of Outstanding Leases or Licenses granted by Native or other Owners prior to Acquisition of Land by the Crown

59 Provisions subject to which Governor may accept surrender of outstanding leases of Native or other lands.

In any case where land at any time acquired by the Crown from the Native or other owners thereof is subject to any valid estate or interest lawfully created therein by such owners at any time prior to such acquisition, and by reason thereof the land is not Crown land open for mining, the following provisions shall apply:—

(1.)

The Governor, on behalf of Her Majesty, may at any time, and upon such terms as to compensation as may be agreed on, accept the surrender of any such lease or license as to either the whole or any part of the land comprised therein, and, in the case of surrender as to part, may make such reduction as he deems equitable in the rent (if any) thereafter payable in respect of the residue.

(2.)

Such surrender may be made by memorandum under the hands of the Governor and the lessee or licensee.

(3.)

Such memorandum may be by indorsement on the lease or license, or by separate instrument, and, in the case of surrender as to part, shall set forth the part surrendered, and the terms and conditions upon which the surrender is made.

(4.)

For the purposes of registration such memorandum shall, as the circumstances require, be deemed to be a deed within the meaning of “The Deeds Registration Act, 1868,” or an instrument within the meaning of “The Land Transfer Act, 1885,” and may be registered accordingly.

(5.)

If the surrender is as to part of the land, the lease or license shall thereafter be read and construed subject to the terms and conditions contained in the memorandum of surrender, and the District Land Registrar or Registrar of Deeds, as the case may be, shall, without fee, make all such entries in his register as are necessary in order to record the same.

(6.)

The land surrendered shall be deemed to have been thereby resumed by Her Majesty for mining purposes, and in every such case the provisions of paragraphs (a), (b), and (c) of section seventy-seven hereof, and also the Second Schedule hereto, shall, mutatis mutandis, apply.

60 Determination of lease by resumption of land for mining.

Any such lease or license may, whenever the Governor thinks fit, be determined for mining purposes as to either the whole or any part of the land comprised therein, and for that purpose the following provisions shall apply:—

(1.)

Such determination shall be effected by resuming the land for mining purposes, and all the provisions of this Act relating to resumption shall, mutatis mutandis, apply accordingly.

(2.)

If only part of the land is resumed, the lessee or licensee may surrender the lease or license as to the residue, under the provisions for surrender hereinbefore contained:

Saving as to timber rights.

Provided that in every case where any person possesses timber rights in respect to kauri timber growing on land near to or leading into the land proposed to be resumed, resumption shall not take place if the Warden, after inquiry, reports to the Minister that the resumption would prejudicially affect the reasonable exercise of such rights; and for the purpose of such inquiry and report the Warden, if requested so to do, shall appoint some skilled person to inspect both the land proposed to be resumed and the land in respect of which such rights exist.

61 Application to lease of Tairua lands.

The provisions of the two last-preceding sections hereof shall apply to any extension of lease or new lease granted under “The Tairua Land Act, 1893”:

Provided that nothing in this Act contained shall in any way affect the operation of subsections three and four of section three of that Act.

Part IV MINING PRIVILEGES

As to Miners’ Rights

62 Miners’ rights.

On the application of any person not under the age of fourteen years there shall be issued to him a document called a “miner’s right”; and with respect to every miner’s right the following provisions shall apply:—

(1.)

It shall be in the prescribed form, and shall be signed and issued by any Warden or Mining Registrar, or by any duly authorised Postmaster.

(2.)

It shall continue in force for twelve months from the date thereof, but no longer, and shall be dated on the day of its issue.

(3.)

It may be issued to a person who already holds one or more miners’ rights, and any number may be issued to any person.

(4.)

It shall not be transferable.

(5.)

It shall specify the place and district in which it is issued, the full name and address of the person to whom it is issued, and the block of Native ceded land (if any) to which it relates.

(6.)

The rights by this Act hereinafter conferred upon the holder of a miner’s right may, subject to the provisions of this Act, be exercised by him in respect of all lands to which the miner’s right relates, meaning thereby,—

(a.)

All lands throughout the colony that are open for mining, except Native ceded lands; or

(b.)

All such lands as aforesaid with the addition of any such one block of Native ceded land as is specified in the miner’s right at the time of the issue thereof.

(7.)

For the purposes of this section “block” means the block ceded by any single group of Native owners who, under the term of the cession, are entitled to all fees received for the issue of miners’ rights relating to the block.

(8.)

There shall be payable upon the issue of the miner’s right—

Annual fee.

(a.)

A fee of ten shillings where it does not relate to Native ceded land;

(b.)

When it does so relate, a fee of twenty shillings, or such other sum, if any (being in no case less than ten nor more than twenty shillings), as has been agreed to be paid on behalf of Her Majesty to the Native owners of the specified block of Native ceded land to which the miner’s right relates, as the consideration for the right to authorise mining operations thereon.

63 Special provisions as to miners’ rights relating to Native land.

With respect to miners’ rights that relate to any specified block of Native ceded land, the following special provisions shall apply in every case where the prescribed fee exceeds ten shillings, that is to say:—

(1.)

The Councils of all the respective boroughs and counties entitled to any goldfields revenue of the mining district wherein such block is situate may, by resolution, request that the prescribed fee be fixed at ten shillings, and that the difference between that sum and the actual amount of the prescribed fee then in force be deducted from the said goldfields revenue.

(2.)

Upon receiving from every such Council a copy of such resolution, certified as correct under the hand of the Mayor or Chairman of the Council that passed it, the Colonial Treasurer shall, by notice in the Gazette, fix the prescribed fee at ten shillings; and on and after the date of such notification the prescribed fee shall be ten shillings accordingly.

(3.)

The Colonial Treasurer shall in each year deduct the aforesaid difference from the goldfields revenue before any apportionment thereof is made amongst the boroughs and counties entitled thereto.

(4.)

The amount so deducted shall be paid by the Colonial Treasurer to the Warden, who shall distribute the same amongst the Native owners entitled thereto.

64 Rights acquired under a miner’s right.

A miner’s right shall not be deemed to be an element of title to any mining privilege, but shall operate as a personal qualification authorising the holder thereof, whilst it continues in force, to do, from time to time, all or any of the following things, under and subject to the provisions of this Act, that is to say:—

(1.)

To prospect for any metal or mineral on Crown lands open to prospecting;

(2.)

To take up and hold, without application to or license from the Warden, one ordinary alluvial claim for each miner’s right;

(3.)

To make any application under this Act to the Warden or the Warden’s Court;

(4.)

To commence any civil suit or proceeding before the Warden or the Warden’s Court;

(5.)

To become the transferee of any mining privilege other than a miner’s right;

(6.)

Subject to regulations under this Act, to cut timber for his own use from unalienated Crown land open for mining, and with the consent of the Warden, and on such terms and conditions as are prescribed, to make tramways or roads for that purpose;

(7.)

To do such other things as by this Act or the regulations thereunder the holder of a miner’s right is by virtue thereof authorised to do:

And, except where otherwise specially provided by this Act or the regulations thereunder, no person shall be authorised or entitled to do any of the aforesaid things unless be possesses the qualification of a miner’s right:

Provided that in every case where the thing to be done relates to land situate in any specified block of Native ceded land the qualification shall be a miner’s right relating to such block, and the subsequent provisions of this Act shall be construed accordingly:

Provided further that the qualification of a miner’s right shall not be necessary in the case of a person defending any suit or other proceeding, or objecting to any application, under this Act:

Provided further that in no case shall any person’s title to any mining privilege or other property be prejudicially affected by the fact that the person from or through whom such title was acquired or derived did not possess the qualification of a miner’s right.

Consolidated Miners’ Rights

65 Consolidated miners’ rights.

On application by or on behalf of any person, a document called a “consolidated miners’ right” shall be issued to the applicant as beneficial holder thereof, or (as the case may be) to any specified person as nominated holder thereof, on behalf of the applicant as beneficial holder; and with respect to every consolidated miners’ right the provisions of sections sixty-two to sixty-four hereof shall, mutatis mutandis, apply, as also shall the provisions following, that is to say:—

Fee, form, and effect thereof.

(1.)

It may comprise any number of miners’ rights, and the fee payable on the issue thereof shall be a sum equal to the aggregate of the prescribed fees of all the miners’ rights comprised therein.

(2.)

It shall specify the name or style of the beneficial holder, and also in the case of a mining partnership the full name of each member thereof at the date of issue.

(3.)

So long as it continues in force the beneficial holder shall be deemed to be the holder of all the miners’ rights comprised therein, and in the case of a mining partnership all persons who from time to time are members of the partnership shall, whilst members, be deemed to be jointly the holders of all the miners’ rights; and when any person ceases to be a member he shall cease to be a joint holder.

(4.)

The benefit of all the miners’ rights comprised therein shall inure to the beneficial holder, without it being necessary in the case of a company for any shareholder therein, or in the case of a mining partnership for any member thereof, to be individually the holder of a miner’s right.

As to Prospecting

66 Prospecting only on open lands

The provisions hereinafter contained relating to prospecting shall apply only to Crown lands and to such other lands as are open for prospecting under this Act.

67 Holder of miner’s right may prospect on Crown lands.

Subject to the provisions of this Act, the holder of a miner’s right shall, whilst it continues in force, be entitled by virtue thereof to enter and prospect for gold and any other metal or mineral on any Crown land.

68 Prospecting license in respect of Native or other land.

The Governor in respect of Native land, and the Warden in respect of any land other than Native land, may, in his discretion, grant to any person a prospecting warrant or a prospecting license under this Act whether such land is inside or outside a mining district.

69 Holder of warrant or license may enter and prospect.

Subject to the provisions of this Act, the holder of a prospecting warrant or a prospecting license shall, whilst it continues in force, be entitled by virtue thereof to enter and prospect on the land to which it relates for gold and any other metal or mineral:

Provided that the right conferred by this section shall in the case of a prospecting warrant be a non-exclusive right, and in the case of a prospecting license an exclusive right, to prospect on the land to which it relates.

70 Prospecting licenses, two classes.

(1.)

Prospecting licenses may be of two classes—to wit, ordinary prospecting licenses and tunnel prospecting licenses.

(2.)

The former class shall apply to prospecting generally, and the latter to prospecting on or near the line of any tunnel which the licensee is constructing or proposes to construct.

71 Provisions in respect thereto.

With respect to prospecting warrants, prospecting licenses, and the applications therefor, the following provisions shall apply:—

(1.)

The application shall in each case be made in the prescribed manner, and shall relate only to such block or blocks of land as are specified therein.

(2.)

In the case of a prospecting warrant the applicant shall not be required to mark out the land, nor shall any survey be necessary, but the land shall be identified with reasonable particularity by reference to its area, situation, and ownership.

(3.)

In the case of a prospecting license, the applicant shall mark out the land in the prescribed manner, but no survey shall be necessary:

Provided that in the case of two or more applications for adjoining land, or of any question or dispute as to the actual land comprised in the application, the Governor or, as the case may be, the Warden to whom the application is made may, at the cost of the applicant, direct such survey to be made as he deems necessary.

(4.)

The application shall, in the prescribed manner, be notified to the owners or occupiers of the land to which it relates, and to all other persons whose interests may be obviously affected.

(5.)

In every case where the consent of the owners or occupiers of the land is required by law, the application shall not be granted until the Governor or, as the case may be, the Warden to whom the application is made is satisfied that such consent has been duly given.

(6.)

The area of the land to which a prospecting license relates shall not exceed, in the case of a tunnel prospecting license, one hundred and fifty yards, measured on each side of the middle line of the tunnel along the whole length thereof, and in the case of an ordinary prospecting license one hundred acres:

Provided that in no case shall the land comprised in a tunnel prospecting license include any river or river-bed.

(7.)

A prospecting warrant or ordinary prospecting license shall continue in force for one year, and shall not be renewed; but if on the expiry thereof the holder so desires he may make a fresh application.

(8.)

A tunnel prospecting license shall continue in force for two years, and may be renewed from year to year on such conditions as are prescribed.

(9.)

There shall be payable in respect of a prospecting warrant a fee of one pound, and in the case of a prospecting license a fee computed at the rate of one shilling for every acre of land to which the license relates, such fee being, however, in no case less than one pound.

(10.)

Such fees shall in the case of a prospecting warrant or an ordinary prospecting license be payable in advance, and in the case of a tunnel prospecting license shall be payable annually in advance whilst the license or its renewal continues in force.

(11.)

The holder of a prospecting license shall, in such manner and subject to such conditions as are prescribed, have the right in priority to any other person of obtaining a license for any mining privilege in respect of the land to which his prospecting license relates:

Provided that in the case of Native land such right shall not be exercisable unless and until such land is acquired by Her Majesty, or becomes Native ceded land:

Provided further that in every case such right shall be subject to the provisions of section seventy-seven hereof.

72 Conditions to which issue of prospecting warrant or license subject.

The conditions subject to which any prospecting warrant or license is issued shall in every case be deemed to include due provisions for—

(1.)

The vigorous and continuous prosecution of prospecting operations to the satisfaction of the Governor, or, as the case may be, the Warden, by whom the warrant or license was issued, and the prompt reporting to him of all mineral discoveries; and also

(2.)

Except in the case of unalienated Crown land, the filling-up of all holes made whilst prospecting, and the prevention of damage to standing bush by fire, or to live-stock by dogs or otherwise, consequent on the prospecting operations; and also

(3.)

In the case of private land, or land held under lease in perpetuity, the lodging of sufficient security to the satisfaction of the Governor or Warden, as aforesaid, for the fulfilment of the conditions referred to in the last-preceding subsection hereof.

73 Compensation to be paid to owner for damage.

With respect to every prospecting warrant or license the following provisions shall apply:—

(1.)

The holder thereof shall pay to the owner and occupier of the land comprised therein, not being unalienated Crown lands, full compensation (according to their respective interests) for all damage that may be done to such land by the holder in prospecting pursuant to the warrant or license.

(2.)

The Warden shall, when necessary, assess from time to time the amount of such compensation in such manner as he deems just, and shall have jurisdiction to hear, determine, and enforce all claims in respect thereof.

(3.)

No prospecting warrant or license shall be granted unless and until the applicant therefor either has actually paid the aforesaid compensation to the owner or occupier entitled thereto, or has entered into an agreement with such owner or occupier as to such compensation and the payment thereof, or has given security to the satisfaction of the Warden for payment of all claims for compensation as they arise and are determined.

74 Lands excepted from prospecting.

Nothing contained in this Act, or in any prospecting warrant or license, shall authorise any person by virtue of a miner’s right or any such warrant or license to enter upon—

(1.)

Any land actually and lawfully used as a garden, orchard, vineyard, nursery, plantation, or ornamental pleasure-ground, or used or set apart as a cemetery; nor upon

(2.)

Any land whilst actually and lawfully under cereal or root-crop; nor upon

(3.)

Any land situated within one hundred feet of any spring, artificial reservoir, dam, waterworks, or building; nor upon

(4.)

Any private land the owner or occupier whereof satisfies the Warden that the same is being prospected as vigorously and continuously as would be required in the case of a licensee under a prospecting license; nor upon

(5.)

Any private land which is being mined in manner hereinbefore provided in subsection five of section fifty-three hereof; nor upon

(6.)

Any land which is being prospected in manner hereinbefore provided in subsection seven of section fifty-three hereof; nor upon

(7.)

Any land which is not open for prospecting without the consent of the owner or occupier—

unless in each case the written consent of the owner and occupier of such land is given.

As to Claims generally

75 Classes of claims.

Subject to the provisions of this Act, all Crown lands which are situate in a mining district and are open for mining may in the prescribed manner, and subject to the prescribed conditions, be taken up for mining purposes in claims of any of the following classes, that is to say:—

Ordinary claims;

Extended claims;

Special claims.

76 Forms, areas, and subdivisions of each class.

The claims in each class shall be of such respective forms, dimensions, boundaries, and areas as are prescribed, having regard to the nature and quality of the ground and the nature and extent of the proposed mining operations, for which purpose each class may be subdivided into claims relating to—

Alluvial ground;

Quartz reefs or lodes;

Stream-beds;

Sea-beaches;

Such other subdivisions as are prescribed:

Area of extended and special claims.

Provided that with respect to extended and special claims the following provisions shall apply:—

(1.)

The dimensions and area of an extended claim shall in every case be more than the maximum dimensions and area of an ordinary claim in the same subdivision, but not more than five times such maximum.

(2.)

The area of a special claim shall in every case be more than the maximum area of an extended claim in the same subdivision, but (except in the case of a special claim extending seawards) the area shall not exceed one hundred acres.

(3.)

No dredging or other claim in or on the bed or bank of any stream, or on the sea-beach, shall extend more than one mile in length along such bed or bank, or the foreshore of such beach; such mile shall in the case of a stream be measured along the centre of the bed of the stream.

Priority of Right to take up Claims and other Mining Privileges in certain Cases

77 Land resumed or ceded to be available after twenty-eight days’ notice in Gazette.

In any of the following cases, that is to say,—

(1.)

Where land is resumed for mining purposes under this Act; or

(2.)

Where Native or private land is ceded to Her Majesty for mining purposes; or

(3.)

Where gold is discovered on Crown land not within a mining district, and in consequence of such discovery the land is brought within a mining district,—

the following provisions shall apply:—

(a.)

If the land is then within a mining district, it shall be available for mining purposes under the provisions of this Act on and after a day to be named by the Governor by notice published in the Gazette, being not sooner than twenty-eight days after the first publication of such notice in the Gazette.

(b.)

If the land is not then within a mining district the provisions of the last-preceding paragraph shall apply, subject to the modification that the therein-mentioned Gazette notice shall be published simultaneously with the Proclamation constituting the mining district.

Second Schedule.

(c.)

During the period between the first publication of the aforesaid Gazette notice and the day on which the land becomes available for mining purposes as aforesaid, claims and other mining privileges as specified in the Second Schedule hereto may be taken up and obtained on the land by the persons, in the order of priority, and subject to the provisions in that Schedule set forth.

Taking up Claims and other Mining Privileges

78 Mode of taking up ordinary alluvial claim.

Any person who desires to take up an ordinary alluvial claim shall mark it out in the prescribed manner, and thereupon the claim shall be deemed to be taken up if he possesses the qualification of a miner’s right:

Provided that if he so desires he may, either in the first instance or at any time after taking up such claim, obtain a license therefor under the next-succeeding section hereof.

79 Claim to be marked out and application made.

Subject to the provisions of the last-preceding section hereof, any person who desires to take up any claim or other mining privilege shall in the prescribed manner mark it out and specify it, and make application to the Warden for a license therefor, and the claim or other mining privilege comprising the area specified in the license shall be deemed to be taken up on the day named in the license, being the day on which the license is granted.

80 Claims under the sea or on the foreshore.

With respect to claims under the sea, or on or under the foreshore, the following provisions shall apply:—

(1.)

The license for any such claim may be granted whether the land comprised therein or any part thereof is within a mining district or outside the same, and for the purposes of this Act every such claim which is outside a district shall be deemed to be within the boundaries of the district the Warden whereof grants the license.

(2.)

The area of the claim may extend seawards for such distance as the Warden thinks fit, and in the case of a special claim extending seawards the area may exceed one hundred acres.

(3.)

The holder of such claim shall be liable to pay all rents, royalties, rates, and taxes in the same manner as though the whole area were above high-water mark and within a district as defined by “The Gold Duty Abolition and Mining Property Rating Act, 1890.”

(4.)

The license for any such claim may, if the Warden thinks fit, be granted subject to the condition, inter alia, that the licensee will not carry on mining operations within fifty feet of the surface of the ground.

(5.)

If the claim in respect whereof the license is applied for comprises any land on or under such part of any foreshore as is under the control of any Harbour Board, the license shall not be granted until the proposed conditions thereof have been submitted to such Harbour Board.

81 Boundaries of claim to be fixed and kept marked.

(1.)

The dimensions and boundaries of every claim shall be finally fixed at the time when it is taken up; and it shall be the duty of the holder thereof, at all times thereafter whilst be continues to be such holder, to keep such boundaries marked in such distinctive manner as circumstances permit or regulations prescribe, and to point them out to any holder of a miner’s right as soon as possible (in no case exceeding forty-eight hours) after being personally served with a notice in writing so to do.

Penalty in case of default.

(2.)

If default is made in duly complying with any of the provisions of this section the defaulter is liable to a penalty of five pounds; and, in the case of an ordinary alluvial claim held otherwise than under license, the holder of such miner’s right may assume the claim to be unmarked, and may mark out and take up the same or any part thereof.

82 Any number of claims may be taken up.

Any number of claims may be taken up by the same person or persons, either separately or conjointly:

Provided nevertheless as follows, that is to say:—

(1.)

In respect of each such claim the prescribed conditions shall be duly fulfilled;

(2.)

The total area of all such claims shall not exceed, in the case of ordinary claims, six acres, nor, in the case of extended claims, one hundred acres;

(3.)

For each such claim, being an ordinary alluvial claim taken up otherwise than under license, a miner’s right shall be held by each person taking up or at any time holding the same.

Rights and Liabilities of the Holders of Claims and other Mining Privileges

83 Who to be deemed holder of claim, and until when.

Every person by whom any claim or other mining privilege is lawfully taken up, and every person lawfully deriving through him, shall, according to his share and interest therein, be deemed to be the holder thereof until, in the case of an ordinary alluvial claim held otherwise than under license, it is forfeited or abandoned, or, in the case of any claim or other mining privilege held under license, the license therefor is determined by effluxion of time or by earlier surrender, or forfeiture, or abandonment, under the respective provisions in that behalf hereinafter contained.

84 Holder entitled to exclusive occupation, and to privileges thereof.

Subject to the provisions of this Act, every holder of a claim shall, whilst be continues to be the holder thereof, be entitled, according to his share and interest therein, to the exclusive occupation thereof for mining purposes, and also to all gold within the boundaries thereof, and also to such other privileges in respect thereof as are prescribed:

Provided that in no case shall he, as such holder,—

(1.)

Be entitled to any metal or mineral other than gold therein, or to mine for or remove the same; nor

(2.)

Have any riparian rights in respect of any watercourse on or adjoining such claim.

85 Labour conditions.

Every claim shall be deemed to be taken up and shall be held subject to the labour conditions following, that is to say:—

(1.)

That the holder thereof will bonâ fide and continuously work the same by carrying on mining operations for gold thereon with reasonable diligence and skill, and will commence such operations,—

(a.)

In the case of an ordinary alluvial claim, within forty-eight hours after the day on which it is taken up; and

(b.)

In the case of an ordinary claim other than an ordinary alluvial claim, within such number of days, not exceeding seven, as the Warden fixes when granting the license; and

(c.)

In the case of an extended claim, within such number of days, not exceeding fourteen, as the Warden fixes when granting the license; and

(d.)

In the case of a special claim, within such time as the Warden fixes when granting the license:

Provided that in cases (b), (c), and (d) the holder shall, by himself or some person on his behalf, remain in actual and effective occupation of the claim between the time of the taking-up thereof and the commencement of operations thereon; and that in the case of a special claim for dredging the holder shall commence and prosecute the construction or acquisition of a dredge for working the claim (but not necessarily on the claim) within such time or extended time as the Warden fixes at the time of granting the license or at any subsequent time.

(2.)

That he will at all times employ in such operations such number of workmen as is prescribed by regulations in that behalf:

Provided that on application in that behalf the Warden in his discretion may from time to time reduce the prescribed number of workmen to such extent and for such period as he thinks fit, where be is satisfied that the prescribed number cannot be reasonably and advantageously employed.

Provided further that when such period exceeds six months the previous consent of the Minister shall be necessary.

86 Provisoes.

The last-preceding section hereof shall be construed subject to the following provisions:—

As to contiguous claims held by same person.

(1.)

In every case where two or more claims or other mining privileges contiguous to one another, or worked in conjunction with one another, are held by the same person, or by co-partners in mining, it shall be a sufficient compliance with the aforesaid labour conditions if the total number of workmen employed on any one or more of such claims or other mining privileges, taken collectively, is not less than the total number prescribed for all such claims taken separately.

Number of workmen on dredging claims.

(2.)

In the case of a dredging claim, the number of workmen required to be employed in any day shall not exceed the proportion of seven workmen for each dredge:

Labour conditions, certain works included.

(3.)

For the purpose of compliance with the aforesaid labour conditions there shall be included all work done in the construction or erection of machinery, or in preparations indispensable to the actual commencement of mining operations, whether such work is done on or in connection with the claim itself, or on or in connection with any special site or race or dam held by the claim-holder for the purpose of facilitating mining operations on such claim.

Proportion of workmen to expenditure of capital.

(4.)

To the extent of one-half of the number of workmen which should otherwise be employed, the expenditure of capital shall be equivalent to the employment of workmen in the proportion of one man for every thousand pounds of capital which, to the satisfaction of the Warden, has been expended by the holder of the mining privilege in plant or permanent works for the purposes of such privilege.

87 Rent of extended and special claims.

With respect to every extended or special claim the following provisions shall apply:—

(1.)

The licensee of such claim shall, during the term of the license, pay the rent next hereinafter mentioned.

(2.)

In respect of so much of the area as is other than Native ceded land, such rent shall for the first year of the term be at the rate of two shillings and sixpence, for the second year at the rate of five shillings, and for the third and every subsequent year at the rate of seven shillings and sixpence for every acre or fraction of an acre.

Number of miners’ rights when area is Native ceded land.

(3.)

In respect of so much of the area as is Native ceded land the rent shall be at the rate of one shilling per annum for every acre or fraction of an acre, and the licensee shall also take out in his own name and hold a miner’s right relating to the Native ceded land in respect of every person employed in mining on such area, whether on wages or as a tributer or a contractor: Provided nevertheless as follows:—

(a.)

It shall be sufficient if the total number of miners’ rights so taken out and held is at no time less than the total number of persons for the time being so employed.

(b.)

The owners of such Native ceded land or a majority of them may, by memorandum in writing lodged in the Warden’s Court, certify their consent that, for the purpose of determining the amount to be paid by the licensee, such land shall be deemed to be other than Native ceded land, and from and after the lodging of such memorandum the foregoing provisions as to rent and miners’ rights shall cease to apply to such land, and in lieu thereof the same rent shall be payable as in the case of other than Native ceded land.

88 Special provisions as to mining on timber lands.

In every case where a claim comprises land over which any person possesses any validly created right to cut, remove, or float timber the following special provisions shall apply:—

(1.)

Such claim shall be deemed to be taken up and shall be held subject to the condition that the holder thereof, and all persons deriving title through him, will so carry on mining operations as not to prevent the reasonable exercise of any of the aforesaid rights.

(2.)

If any question or dispute arises under the last-preceding subsection hereof as to what is the reasonable exercise of the aforesaid rights the Warden shall decide.

(3.)

In deciding such question or dispute the Warden, if he deems it equitable so to do, may authorise the mining operations to be carried on in such manner and subject to such conditions as he prescribes, having regard to the special circumstances of the case and the nature of the aforesaid rights.

(4.)

The Governor may from time to time make such regulations as he deems necessary for the purpose of giving effect to this section, and of enabling the mining and timber industries to co-exist on the same land.

89 Warden may impose conditions to prevent injury to surface of land.

(1.)

When granting a license for a claim or other mining privilege, or at any time thereafter during the currency of the license, or, in the case of an ordinary alluvial claim held otherwise than under license, at any time whilst it is held, the Warden may impose on the licensee or holder such conditions as he thinks fit in order to prevent injury to the surface of the land comprised in the claim or other mining privilege, or to anything thereon, in any of the following cases, that is to say:—

(a.)

If the land is in a borough; or

(b.)

If buildings are erected or likely to be erected on the land; or

(c.)

If the land is bond fide used, or is likely to be so used, for a yard, garden, orchard, cultivated field, water-race, dam, burial-ground, or reserve.

(2.)

Such conditions may include the condition that the licensee or holder will not, without the previous approval in writing of the Warden, and consent in writing of the person in lawful occupation of the surface, carry on mining operations within such distance of the surface as the Warden thinks fit to prescribe, such distance being not less than fifty feet in the case of buildings, races, and dams, and not less than thirty feet in any other case.

(3.)

All such conditions heretofore imposed by a Warden are hereby declared to have been validly imposed.

Mineral Licenses

90 Licenses for mining other minerals than gold, subject to subsisting prospecting licenses.

Subject to the provisions of this Act, and on application in that behalf, the Warden may grant mineral licenses authorising the licensees to occupy any Crown land within or outside a mining district for the purpose of mining for any specified metal or mineral other than gold, and, with respect to every such license, the following special provisions shall apply:—

(1.)

If any portion of the land applied for is comprised in any subsisting prospecting license, and the applicant is other than the holder thereof, the application shall not be granted as to the portion aforesaid unless and until such holder has in the prescribed manner been afforded an opportunity of applying for and obtaining a mineral license in respect of such portion.

(2.)

If be does so apply, his application shall have priority; if he declines or neglects so to do, or fails to duly take up the mineral license when granted, his prospecting license shall be deemed to be cancelled as to the portion aforesaid.

Area.

(3.)

The area of the land comprised in the mineral license shall not exceed three hundred and twenty acres.

Rent.

(4.)

The licensee shall for every year of the term of the license pay rent at the rate of two shillings and sixpence for every acre or fraction of an acre of the area comprised in the license.

Royalty.

(5.)

The licensee shall also pay, in respect of all the specified metals and minerals raised pursuant to the license, such royalty as is specified therein, being not less than one hundredth nor more than one twenty-fifth of their value at the pit’s mouth.

(6.)

The royalty shall be computed in such manner and paid at such times as are prescribed, and all sums paid in respect of royalty during any period shall, to the extent of the rent payable for the same period, be deemed to be in or towards satisfaction of such rent.

(7.)

All rent and royalties received in respect of the license shall be deemed to be goldfields revenue or land revenue, according as the land comprised therein is situate within or outside of a mining district, and in any case where the license comprises both land within and land outside of a mining district the rent and royalties shall be apportioned between goldfields revenue and land revenue in such manner as is prescribed.

(8.)

The licensee shall not be entitled to any gold, nor to any other metal or mineral than that specified in the license, nor shall be mine for or remove the same.

Cancellation if land auriferous.

(9.)

The license shall be deemed to be granted subject to the condition that if and as often as it is found to the satisfaction of the Warden that any portion of the land comprised therein is auriferous, or contains any other metal or mineral than that specified therein, such portion may, in his discretion, be made available for mining purposes, either by cancelling the license as to such portion, or otherwise, as the Warden thinks fit or as regulations prescribe:

Provided that with respect to the portion to be made available as aforesaid the provisions of section seventy-seven hereof, and the Second Schedule hereto, shall, mutatis mutandis, apply, subject nevertheless to the following modifications, that is to say:—

(a.)

The licensee shall be deemed to be the proprietor.

(b.)

The person on whose application the land is made available as aforesaid shall be deemed to be the applicant.

(c.)

Where the land is made available for mineral leases in respect of any specified mineral the right of priority conferred by the said schedule shall be deemed to relate to a mineral lease in respect of such mineral.

(d.)

Such other modifications as are prescribed for the purpose of giving full effect to this subsection.

(10.)

The license shall contain due provisions—

Conditions of license.

For securing the payment of all rent and royalty;

For insuring the regular, proper, and efficient carrying on of mining operations, and for the inspection of the mine and workings;

For cancelling the license on breach of any condition to be performed or observed by the licensee; and

For insuring compliance with any other conditions the Warden may deem it necessary to impose.

Races and other Mining Privileges in respect of Water

91 Classes of licenses in respect of water.

Subject to the provisions of this Act and of Part XI. of “The Public Works Act, 1894” (which said Part XI. is hereby incorporated herewith), the Warden, on application in that behalf, may, in respect of Crown lands, Native lands, or private lands, grant mining privileges of any of the following descriptions in respect of water:—

Water-race licenses;

Tail-race licenses;

Main tail-race licenses;

Dam licenses;

Drainage-area licenses;

Such other descriptions of licenses as are prescribed.

92 Water-race license.

A water-race license shall during its currency entitle the licensee to cut, construct, and maintain a water-race, or use as a water-race any natural channel, on the land specified in the license; and also, by means of such race, to take, divert, and use a specified number of sluice-heads of water from any watercourse on or running through or adjoining such land, in order to supply, sell, or dispose of such water for any of the purposes following, that is to say:—

Purposes for which water may be used.

(1.)

Mining operations;

(2.)

Domestic purposes;

(3.)

Irrigation;

(4.)

Any industrial pursuit;

(5.)

Feeding or driving machinery, whether used for mining purposes or not;

(6.)

Constructing, maintaining, and supplying any tank, reservoir, railway, or tramway, or any houses or works connected therewith;

(7.)

Any other purposes authorised by regulations or by the Warden.

93 Tail-race license.

A tail-race license shall during its currency entitle the licensee to cut, construct, maintain, and use a race in order to carry off water, tailings, sludge, and other refuse from mining operations, or to serve as a ground-sluice or race for saving gold:

Provided that the licensee shall not be entitled to treat any portion of such tail-race as a ground-sluice or race for saving gold excepting such portion as is distinguished for that purpose with reasonable particularity both in the application and the license.

94 Main tail-race license.

A main tail-race license shall during its currency entitle the licensee to cut, construct, and maintain a race in order to carry off from such claims or tail-races as are specified in the license any water, tailings, sludge, or other refuse from mining operations.

95 Dam license.

A dam license shall during its currency entitle the licensee to excavate, construct, maintain, and use a dam for the storage of water for any of the purposes for which a water-race license may be granted:

Provided that, except in a mining district, no such dam shall be constructed across a stream.

96 Drainage-area license.

A drainage-area license shall, during its currency, entitle the licensee to the exclusive right to collect and store the water that naturally lies within or falls upon or percolates through the area of land specified in the license (hereinafter referred to as “drainage area”).

97 Power to occupy land forming course of race or site of dam.

(1.)

For the purposes of the construction, maintenance, and improvement of the race or dam for which any such license as aforesaid is granted, and the deposit of soil and other matter removed therefrom, such license shall during the currency thereof entitle the licensee to occupy the land forming the course of such race, or, as the case may be, the site of such dam, and also such other land as is specified in that behalf in the license.

(2.)

The area of such other land shall not exceed,—

(a.)

In the case of a race, a strip twenty feet wide along the entire length of the course of the race, and measured either wholly on one side of its course, or partly on one side and partly on the other, but so nevertheless that at no point in the course shall the total width measured on both sides exceed twenty feet, or such greater width as the Warden may prescribe; and

(b.)

In the case of a dam, a strip twenty feet wide measured on each outer face of the dam.

98 Mode of application when license relates to private land.

In every case where the application for any such license relates to private land the following special provisions shall apply:—

(1.)

The applicant shall publish a copy of the application twice in a newspaper circulating in the district, and once in the Gazette, the publication in the Gazette, and also the first publication in the newspaper, being made not later than fourteen clear days before the day of hearing.

(2.)

For the purpose of marking out the ground, surveying the same, and taking levels, and posting notices thereon in connection with the application, the applicant may, with the previous consent in writing of the Warden, enter upon any private land without the consent of the owner or occupier thereof, and there do whatever may be reasonably necessary for any such purpose:

Provided that he gives to the owner or occupier not less than twenty-four hours’ previous notice in writing of intention to apply to the Warden for such consent, and also that, having obtained such consent, be gives a similar notice to enter, and also that he so enters within seven days after giving such notice.

99 Special provisions as to applications.

In every case where any such application relates to private land, or where any person’s interests may be affected by the grant of the proposed license, or the exercise by the proposed licensee of the rights to be conferred on him by such license, the following special provisions shall apply:—

Objections.

(1.)

Any owner or occupier of such private land, or any person whose interests are affected as aforesaid, may, in the prescribed manner and within the prescribed period, object to the grant of the license.

Report on application.

(2.)

In such case the Warden in his discretion may postpone the application until be has received from a surveyor, or other competent person appointed by the Warden in that behalf, a report as to the applicant’s compliance with the prescribed conditions, and also as to the reasonableness of the objections.

Cost thereof.

(3.)

The costs of and incident to such report shall in the first instance be paid by the applicant, but if after considering the report the Warden is of opinion that the objections were frivolous he may order the costs to be paid in whole or in part by the objector, and the same shall be payable accordingly in terms of such order. The Warden may require the applicant to deposit security for such costs before they are incurred.

Compensation.

(4.)

Every owner or occupier of such private land shall be entitled to full compensation from the licensee for all actual and prospective loss or damage suffered by reason of the grant of the license, or the exercise by the licensee of the rights thereby conferred on him.

(5.)

Such compensation shall be payable by the licensee before be proceeds to act in any way under his license, and the amount thereof shall in each case be determined in such manner as is agreed on between the licensee and the claimant:

Provided that if such amount is not determined as aforesaid within one month after the issue of the license, the Warden, at the request of any of the parties concerned, may, with two Assessors, one to be appointed by each of the parties, proceed to determine the same in such manner as they think fit, and such determination shall be final and conclusive.

(6.)

For the purposes of this section the owner or occupier shall not require the qualification of a miner’s right.

100 Conditions of grant of drainage-area license.

With respect to every drainage area and the license therefor the following provisions shall apply:—

(1.)

The drainage area comprised in the license shall in no case include any stream.

(2.)

The license shall in no case be granted except to the holder of a license for a water-race or dam, and for the purpose of supplying water to such race or dam:

Provided that in the case of applications for both descriptions of licenses they shall be dealt with simultaneously, and for that purpose one application may be postponed until the other is ready to be dealt with.

(3.)

Notwithstanding the existence of a drainage-area license, the drainage area comprised therein shall continue to be available for mining, leasing, occupation, and all other the purposes and privileges of this Act, in the same manner and to the same extent in all respects as if no such license had been granted:

Provided that the previous consent of the Warden shall in each case be necessary, and that in granting such consent he shall impose such terms and conditions as he deems expedient in order to preserve to the licensee of the drainage area the reasonable exercise of the rights conferred by his license. ’

101 Conditions of license in respect of water.

Every license for any mining privilege in respect of water shall be deemed to be granted and shall be held subject to the provisions following, so far as they are applicable thereto, that is to say:—

Alterations and extensions.

(1.)

In any case where the licensee of any race desires to alter or extend the course of the race the same steps shall be taken and the same provisions shall apply as in the case of an original application for a license:

Provided that, in lieu of issuing a fresh license in respect of such alteration or extension, the Warden, if he thinks fit so to do, may indorse the particulars thereof on the original license; such indorsement shall be registered, and shall thereupon have the same effect as if it formed part of the original license:

Provided further that for the purposes of this subsection the grant of a right to an increased supply of water shall not be deemed to be an alteration or extension of the course of the race.

Bridges.

(2.)

The licensee of any race shall at all times during the term of his license keep such race in good repair, and also erect and maintain to the satisfaction of the Warden a sufficient bridge at every point where any road in ordinary use at the time of the construction of such race crosses such race, or where, in the opinion of the Warden, a bridge is reasonably required for public or private convenience.

Priority of right.

(3.)

In any case where the water flowing in any watercourse is insufficient to fully supply all the races lawfully connected therewith, the owner of any water-right in respect of such watercourse shall, on receipt of a written notice from the owner of a superior water-right stating that the supply of water in respect of such superior right is less than be is entitled to, forthwith cease to use the water or so much thereof as is required in order to make up the full supply in respect of such superior right, and if he fails or neglects so to do he shall be deemed to be wrongfully using such water, in which case the owner of such superior right shall be entitled to recover damages for loss of water, and also to restrain by injunction the owner wrongfully using the same.

Reservation.

(4.)

No license shall be deemed to confer any right to the use of water as against any person requiring a reasonable quantity for his own domestic use; and if any question arises as to what is a reasonable quantity the Warden shall decide.

Commencement of work.

(5.)

Subject to the provisions as to protection hereinafter contained, the construction of a race or dam shall be commenced within two months after the issue of the license therefor, and shall thereafter be. continued with reasonable diligence until the work is completed:

Warden may extend date of commencement of work.

Provided that, in the case of a race or dam which is to be used for working a claim, the Warden may from time to time, on application in that behalf, extend the date of the commencement of its construction for such period as he thinks fit, having regard to the nature and extent of the operations on the claim.

Limiting use as to quantity, or for certain months.

(6.)

The license for a water-race or dam may be granted subject to the condition that the water therein shall be used only in such quantities or during such months in each year as are specified in the license, and in such case non-user in terms of such conditions shall not be ground of forfeiture or evidence of abandonment:

In certain cases Warden may authorise greater use of water.

Provided that the Warden in his discretion may from time to time, on application on that behalf, but subject in every instance to all existing priorities and rights of other persons, authorise the licensee to use the water in greater quantity or at other times than those specified in the license.

Persons may use surplus of water on certain terms.

(7.)

In any case where the water available under any mining privilege granted under this Act in respect of water exceeds the quantity reasonably required by the person entitled thereto the surplus shall be available for use by any other person on such terms as to price and otherwise as are agreed on between such person and the persons entitled, or as, in the absence of agreement, are fixed by the Warden on the application of any of the persons concerned.

License may be revoked.

(8.)

In any case where the Governor is satisfied that the water diverted or used under any license is required by bonâ fide settlers, or for any public use or purpose, he may revoke such license and cause such water to be restored to its natural channel.

Compensation.

(9.)

In such case the licensee of the license so revoked, and also every person, including such licensee, whose mining or other lawful operations are injuriously affected by such revocation, shall be entitled to full compensation from Her Majesty for all loss or damage thereby sustained.

102 Fixed quantity of water to be allowed to flow in natural bed for public use.

In any case where any race or dam is fed by a watercourse the following provisions shall apply:—

(1.)

On the application of any person being the owner or lawful occupier of any land on, through, adjoining, or within three chains of which such watercourse exists or runs the Warden may order that any specified quantity of water, not exceeding one sluice-head, shall be allowed to flow in the natural channel or bed of such watercourse for public use.

(2.)

The licensee or holder of such race or dam shall obey such order forthwith upon being served therewith, or with a duplicate thereof.

(3.)

Such order shall be subject to appeal at the instance of the licensee, holder, or any other person aggrieved thereby.

Other Provisions relating to Mining Privileges in respect of Water

103 No claim for discharge of tailings into watercourse above race.

In any case where a water-race acquired under this or any former Mining Act is connected with or fed by any watercourse in a district other than the Hauraki District the following provisions shall apply:—

(1.)

Tailings and other debris or waste water from mining operations may be discharged into such watercourse at a distance of not less than five chains above the head of such race, but so nevertheless as not to prevent the flow of water therein or therefrom, nor to directly injure such race otherwise than by polluting the water.

(2.)

The licensee or holder of such race shall have no claim to damages or compensation by reason of tailings being discharged as aforesaid, nor by reason of the water in such race or watercourse being polluted by any such mining operations.

104 Water-supply of city or town not to be polluted.

Notwithstanding anything hereinbefore contained, it is hereby declared as follows:—

(1.)

It shall not be lawful to pollute the water in any water-race, or in any watercourse with which such race is connected or by which it is fed, if such race is held by a local authority for the purpose of supplying water to the inhabitants of any city, town, or township.

(2.)

The last-preceding subsection hereof shall not apply in the case of any watercourse duly proclaimed a watercourse into which tailings, mining debris, or waste water might be discharged, nor in the case of any tail-race discharging into any watercourse below the point at which any water-race is connected with or fed by such watercourse.

(3.)

In any case where the Warden is of opinion that it would be against the public interest to grant a license for a tailrace discharging into any watercourse, he may, in his discretion, refuse to grant the same, whether the application therefor is opposed or not.

(4.)

On the recommendation of the Warden the Minister may, by notice in the Gazette, withdraw any watercourse from the operation of this or the last-preceding section hereof.

105 Tailings not to be discharged into river within five chains of bridge.

(1.)

Notwithstanding anything to the contrary contained in this or any other Act, or in any Proclamation or Order in Council issued thereunder respectively, it shall not be lawful for any person to discharge or cause to be discharged any tailings, mining debris, or waste waters into any watercourse at any point or place within five chains from any bridge (or such shorter distance as in special instances may be authorised in writing by the Minister for Public Works or the local authority, as the case may be, having the control of such bridge) in such manner as to directly injure any such bridge.

(2.)

For the purposes of this section “bridge” means any bridge, or the approaches thereto, open to the public or used for any railway or public tramway, or in connection with any public work whatsoever.

(3.)

Every person committing a breach of any of the provisions of this section is liable as for committing an injury to a public work, and may be proceeded against accordingly.

Water-races belonging to Local Authorities

106 Local authority may hold water-race.

Without in any way affecting the provisions of “The Public Works Act, 1894,” relative to water-races, the following provisions shall apply in the case of any local authority:—

(1.)

In any mining district the local authority may, by purchase, application, or otherwise, acquire and hold, or having heretofore acquired (whether in its own name or in the name of any person as trustee for the local authority) may hold, any license or any mining privilege in respect of water for any purpose authorised under this Act, or for the purpose of enabling such authority to more effectually exercise all such rights to the use of water, or the construction of works connected therewith, as have been or may hereafter be vested in such authority by virtue of any Act or Order in Council.

Rights and liabilities.

(2.)

Subject to the modifications in this section hereinafter contained, every such license shall confer upon the local authority the same rights, powers, and remedies, and impose upon it the same liabilities, as in the case of a private person.

Delegation of powers to committee.

(3.)

The local authority may, by resolution, delegate to a committee of not less than five nor more than seven persons all or any of the powers conferred upon such local authority by this Act or by any such license:

(4.)

A notification in the Gazette, purporting to be signed by the Chairman or Mayor of such local authority, shall be sufficient evidence of the appointment of such committee, and of the powers conferred upon it.

(5.)

Subject to prescribed regulations, such committee may regulate its own procedure.

(6.)

It shall not be necessary for the local authority or any such committee to take out or hold any miner’s right in order to enable it to avail itself of the provisions of this section.

(7.)

Every such license, whilst held by the local authority or any such committee, shall be exempt from the provisions of this Act relating to the payment of fees and the liability to forfeiture or abandonment.

Renewal of license unnecessary.

(8.)

It shall not be necessary to renew any such license, but it shall continue in force (notwithstanding the expiration of the nominal term thereof) until the local authority by resolution relinquishes the same, or, on the recommendation of the Warden, the Minister, by notice in the Gazette, declares the license to be cancelled.

(9.)

The local authority shall have authority and control over the entire length of any water-race held by it, notwithstanding such race may extend beyond the limits of the district within which such local authority has jurisdiction.

Appropriation of receipts.

(10.)

The local authority shall cause a separate account to be kept of the receipts and expenditure of any mining privilege in respect of water; and the net surplus receipts shall be appropriated exclusively for the maintenance or extension of the mining privilege from which they are derived, or for acquiring, constructing, or maintaining other mining privileges in respect of water within the same mining district, or for the development of the mining industry therein.

Price of water.

(11.)

The local authority shall, in respect of any mining privilege in respect of water held by it, fix by special resolution the price payable for water supplied therefrom; such price shall be fixed with the approval of the Governor, and shall not be altered without his consent; and all moneys payable in respect thereof may be recovered by the local authority as a debt by suit in the Warden’s Court.

Alienation forbidden.

(12.)

Except in the case of security for loans under “The Government Loans to Local Bodies Act, 1886,” it shall not be lawful for the local authority holding any mining privilege in respect of water to in any way encumber or transfer the same; and every encumbrance or transfer in breach of this section shall be absolutely void.

107 Water-race vested in local body or county may be revested in Grown.

(1.)

In any case where at any time the Governor,—

By Order in Council made under section six of “The Local Bodies’ Finance and Powers Act, 1885,” has vested any water-race in any local body or in any number of local bodies united for that purpose; or

By Proclamation made under section two hundred and seventy-four of “The Public Works Act, 1894,” or any Act by that Act repealed, has vested any water-race in the Corporation of any county, or jointly in the Corporation of two or more counties,—

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.

(2.)

From the date of the gazetting of the revesting Order in Council or Proclamation made in that behalf the water-race therein mentioned shall revest in the Crown; and at any time thereafter the Governor may, by Order in Council, dispose of the same by public tender, as provided by “The Local Bodies’ Finance and Powers Act, 1885.”

(3.)

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

As to setting apart Watercourses for Discharge of Tailings

108 Watercourse may be set apart for discharge of tailings.

On application made to him in that behalf by any person, the Governor in his discretion may from time to time, by Proclamation, constitute and set apart the whole or any part of any watercourse, whether the same is within or outside of any district, to be a watercourse into which may be discharged any tailings, debris, and waste water produced by or resulting from mining operations carried on under this Act.

109 Notice of application therefor.

(1.)

On receipt of such application the Governor, if he considers that it may prove expedient to make the Proclamation, shall, by notice published in the Gazette, and also in some newspaper circulating in the locality of the watercourse,—

(a.)

Specify the fact of the application having been made, and the name, locality, and description of the watercourse to which it relates; and also

Objectors to forward claims to compensation.

(b.)

Require every person who objects to such Proclamation being made, or whose land or riparian or other rights in respect of such land will be damaged or injuriously affected by the operation thereof, to serve on the Minister, within the period of ninety days after the publication of such notice in the Gazette, full particulars of such objection, and also a claim in the prescribed form, setting forth full particulars of all compensation that will be claimed by him in the event of such Proclamation being made; and also

(c.)

State that no person will be entitled to any compensation for damage or injury consequent on the operation of such Proclamation unless his claim is duly served in the manner and within the period aforesaid.

Notice to be posted.

(2.)

For the purpose of insuring further publicity the Minister shall cause a copy of such notice to be affixed in some conspicuous part of each post-office in the locality of the watercourse, and shall also cause a copy to be posted by registered letter to each person, as far as known, whose land is likely to be injuriously affected by the operation of the proposed Proclamation:

Provided that no person shall have any right or claim by reason merely of the fact that this subsection has not been complied with.

110 Watercourse may be described in general terms.

In such notice, and also in such Proclamation, the watercourse may be described in general terms; and if at any time any question arises as to whether any specified watercourse or portion thereof is comprised in such notice or Proclamation the Governor in Council shall decide, and such decision, notified in the Gazette, shall be final and conclusive.

111 When Proclamation may be made.

Such Proclamation, if made, shall not be made sooner than three months nor later than eighteen months after the date of the gazetting of the aforesaid notice, nor until all objections and claims, duly served as aforesaid, have been laid before the Governor in Council; and it shall take effect on and from a day to be named therein, being not sooner than the thirtieth nor later than the ninetieth day after the gazetting thereof.

112 Owner of land injuriously affected entitled to full compensation.

Every person who at the date of the gazetting of such Proclamation is the owner of any estate or interest in land on which such watercourse exists, or through or past which it runs, and whose land or riparian or other rights as such owner may be damaged or injuriously affected by reason of the operation of such Proclamation, after the date of the gazetting thereof shall be entitled to full compensation from Her Majesty for such damage or injury: Provided nevertheless as follows, that is to say:—

(1.)

That no person shall be entitled to compensation unless be either duly serves his claim on the Minister in the manner and within the period specified in the aforesaid notice, or derives title from a person who duly did so; and also

(2.)

That the compensation payable shall in no case exceed the amount specified in such claim; and also

(3.)

That for the purposes of this section the holder of a mining privilege shall not by virtue of such mining privilege be deemed to have any estate or interest in the land comprised therein.

113 Compensation not to exceed improved value of land.

With respect to every claim for compensation for any such damage or injury the following special provisions shall apply

(1.)

In no case shall the total amount payable in respect of any such claim exceed the amount of the improved value of the claimant’s estate or interest in the land, according to the valuation thereof in force for the purposes of “The Government Valuation of Land Act, 1896,” at the date of the gazetting of such Proclamation; or, if the Minister or the claimant desires, then according to a valuation as at that date to be made under that Act.

Minister may take land as if for public work.

(2.)

In the event of the Minister and the claimant being unable to agree as to the amount of compensation, the Minister, if he thinks fit so to do, may cause the whole or any portion of the land for all the claimant’s estate and interest therein to be taken compulsorily on behalf of Her Majesty, under “The Public Works Act, 1894,” as land required for a public work.

Amount payable.

(3.)

The compensation for the land so taken, or, as the case may be, for all such damage and injury as aforesaid, shall be payable under this Act:

Provided that if only a portion of the claimant’s land is so taken, and the value of the residue is thereby depreciated, by severance or otherwise, the compensation to which he is entitled shall include compensation for such depreciation, anything hereinbefore contained to the contrary notwithstanding.

Disposal of land.

(4.)

The Minister may cause the whole or any part of the land so taken to be disposed of under any of the provisions of “The Land Act, 1892,”, or to be paid for out of the Land for Settlements Account and disposed of under “The Land for Settlements Act, 1894”:

Provided that the total amount which may be expended out of the Land for Settlements Account in respect of land under this section shall not exceed ten thousand pounds in any one financial year.

Deficiency.

(5.)

If the land so disposed of or paid for does not thereby realise the full amount of the compensation hereinbefore provided for, the deficiency shall be paid as the Minister recommends, either wholly out of the Consolidated Fund, or in equal portions out of that fund and the goldfields revenue of the district wherein the land is situate.

Statement of amounts expended.

(6.)

Not later than twenty days after the commencement of each session of Parliament there shall be laid before both Houses a detailed statement showing the respective amounts expended out of the Consolidated Fund and the Land for Settlements Account under this section during the then last-preceding financial year.

114 No compensation or riparian rights as to certain alienated lands.

Notwithstanding anything hereinbefore contained, the following special provisions shall apply in the case of land heretofore or hereafter alienated from Her Majesty, whether by way of absolute sale, or for any lesser estate or interest:—

(1.)

In the case of land so alienated on or at any time after the twenty-first day of October, one thousand eight hundred and seventy-five, no person shall be deemed to have any right or title to the flow of any watercourse constituted and set apart as aforesaid by Proclamation under this Act or any former Mining Act which would interfere with or prejudice the right of the holder of any mining privilege to discharge into such watercourse any tailings, mining debris, or waste water produced or used in or upon such mining privilege.

(2.)

In the case of land so alienated on or at any time after the twenty-third day of December, one thousand eight hundred and eighty-seven, such alienation shall be deemed to be and to have been made subject to the full and free right of any person, lawfully engaged in mining operations under this Act or any former Mining Act, to discharge into any watercourse existing on or running through or past such land, whilst and whenever such land is situate in a district, any tailings, mining debris, or waste water produced by or resulting from such mining operations.

(3.)

In the case of land so alienated at any time after the coming into operation of this Act, such alienation shall be deemed to be made subject to the reservation in favour of Her Majesty of all riparian rights in respect of such land whilst and whenever such land is situate in a district.

115 Compensation to be assessed under Part VII.

Subject to the foregoing provisions of this Act, all claims for compensation against Her Majesty arising by reason of the operation of any such Proclamation as aforesaid shall be assessed and disposed of in manner provided by Part VII. of this Act.

116 Further claims barred.

In every case where the amount of the compensation has been duly assessed or arrived at, the payment or tender thereof shall absolutely bar the claimant, and all persons deriving title through him to the land to which the claim relates, from all further or other claims or remedies of any kind whatsoever for any damage or injury, past, present, or future, arising in any manner to such land, or to any riparian or other right in respect thereof, by reason of the operation of such Proclamation or of any subsequent Proclamation relating to the same watercourse.

Business-sites and other Mining Privileges in respect of Land

117 Business, residence, and special sites.

The Warden, on application in that behalf, may grant mining privileges of any of the following descriptions in respect of unalienated Crown lands in a mining district, that is to say:—

Business-site licenses;

Residence-site licenses;

Special-site licenses:

Provided that no such license shall be granted in respect of any site that in the opinion of the Warden is required for mining purposes, or if in the opinion of the Warden the grant would interfere prejudicially with mining operations.

118 Purposes of licenses to be specified therein.

Every such license shall during its currency entitle the licensee to the exclusive occupation of the surface of the land comprised therein for the purpose specified in the license, and such purpose shall be—

(1.)

In the case of a business-site, to carry on in any district any business other than that of mining, and to use for such business the site (if any) to which the license relates:

(2.)

In the case of a residence-site, to reside thereon and use and cultivate the same as a home:

(3.)

In the case of a special site, to facilitate mining operations on a claim in such manner, whether by using the site as a battery-site, a machine-site, a site for the deposit or treatment of gold or tailings, or otherwise, as is specified in the license.

119 Area and dimensions.

The area and dimensions of the land comprised in such licenses shall be such as the Warden thinks fit, but such area shall not exceed—

In the case of a business-site, one quarter of an acre;

In the case of a residence-site, one acre;

In the case of a special site, five acres.

120 Conditions of business-site licenses.

With respect to business-sites and the licenses therefor the following provisions shall apply:—

(1.)

The license may be granted either with or without reference to any specified site.

(2.)

The license, if it does not comprise any specified site, may be applied for and issued in the same manner as in the case of a miner’s right.

(3.)

If the license is granted without reference to any specified site and the licensee subsequently desires to take up a business-site, he shall mark out the land and make application therefor, and in such case the Warden, when granting the site, shall specify it on the license; whereupon the license shall have reference to such site in like manner as if it had originally been granted in respect thereof.

(4.)

In no case shall the license comprise more than one business-site.

(5.)

The licensee shall pay in respect of the license a license-fee at the rate of three pounds for every year of the term.

(6.)

It shall not be lawful for any person to carry on business on Crown lands in a mining district unless be is the holder of a business-site license under this Act, or a business license under a former Mining Act:

Provided that this prohibition shall not apply in the case of a person who carries on business without such license on land held and occupied by him under lease granted under “The Land Act, 1892,” or any former Land Act.

121 Conditions of residence-site licenses.

With respect to residence-sites and the licenses therefor the following provisions shall apply:—

(1.)

The licensee shall pay in respect of the license a license-fee for every year of the term at the same rate as in the case of a miner’s right:

Provided that the licensee shall not be liable to pay the license-fee for any period during which he is the holder of a miner’s right.

(2.)

Subject to the provisions hereinafter contained as to claim-holders, no person shall, except with the consent of the Warden, hold more than one such site at any one time.

(3.)

In any case where two or more residence-sites adjoin one another, and the licensees thereof so desire, such sites may, if the Warden so.orders, be deemed to be one amalgamated residence-site, nevertheless for the purposes only of compliance with the prescribed conditions as to occupation and for the period only during which all the licensees reside on such amalgamated site.

122 Business- and residence-sites, if unsurveyed, held on sufferance.

With respect to business-sites and residence-sites, and the respective licenses therefor, the following provisions shall apply:—

(1.)

If the site comprised in the license has not been surveyed, it shall be held on sufferance, subject to survey under the provisions in that behalf contained in section one hundred and twenty-four hereof, and the whole or any part of the site may without compensation be taken for streets or reserves, if so required for public convenience, on such survey being made.

Holder liable for rates.

(2.)

The holder of a business-site or residence-site under this Act or any former Mining Act shall be deemed to be an occupier within the meaning of “The Rating Act, 1894,” and “The Rating on Unimproved Value Act, 1896,” and shall be liable to pay rates in respect of such site accordingly.

123 Residence-sites for workmen’s homes.

For the purpose of providing homes for the workmen employed in a claim the following special provisions shall apply:—

(1.)

The Warden may grant to the holder of any such claim as many residence-site licenses as the Warden thinks reasonable, having regard to the number of such workmen.

(2.)

Such licenses shall be held by the claimholder, and the land comprised therein shall be available as residence-sites for his workmen, subject to such terms and conditions as are specially prescribed.

124 Warden may set apart lands for business and residence-sites

The Warden may from time to time, as he thinks fit, set apart land for business-sites and residence-sites respectively, and cause the same to be surveyed and laid out into such allotments, reserves, streets, and rights-of-way as in his opinion public convenience requires; and with respect to such allotments the following provisions shall apply:—

(1.)

In no case shall the area of any such allotment exceed the maximum area hereinbefore prescribed.

(2.)

All such allotments shall be numbered and marked as business-sites or residence-sites, as the case may be, and shall be open for application accordingly on and after a day to be appointed and publicly notified by the Warden.

(3.)

For the purposes of such application it shall be sufficient if the allotment applied for is identified by its number, situation, and area, without marking out the ground.

(4.)

In any case where the Warden is of opinion that any allotment set aside as a business-site or residence-site is not required for that purpose he may withdraw it, and in such case it shall cease to be subject to the foregoing provisions of this section.

125 Certain towns excepted.

The provisions of this Act relating to business-sites, residence-sites, and special sites shall not apply within the limits of the Towns of Shortland, Grahamstown, and Tararu, as such limits are defined in a Proclamation gazetted on the sixth day of January, one thousand eight hundred and seventy-two.

Other Mining Privileges

126 Licenses for tramways and other mining privileges.

(1.)

In addition to the mining privileges elsewhere specifically provided for by this Act, there may be granted under this Act licenses for tramways and such other descriptions of mining privileges as are specified by regulations under this Act.

(2.)

All such additional mining privileges shall be granted upon such terms and conditions, not inconsistent with this Act, as are prescribed by regulations.

(3.)

Nothing in “The Tramways Act, 1894,” shall apply to licenses for tramways under this Act.

As to the Surrender, Exchange, and Amalgamation of Mining Privileges

127 Mining privileges may be surrendered.

(1.)

The holder of any mining privilege granted or acquired under either, this Act or any former Mining Act may, in the prescribed manner, surrender the same, provided that such surrender shall not in any way release him from liability for all sums owing in respect of rent, fees, royalties, penalties, and otherwise under any such Act in respect of such mining privilege up to the date of such surrender.

Apportionment of rent in case of surrender.

(2.)

In every case where such surrender is absolute and not for purposes of exchange of title, the liability for rent or fees shall be apportioned up to the date of the surrender, and the surrendering licensee shall be entitled to a refund of so much thereof as, having been paid in advance, covers any period subsequent to the date of the surrender.

Moneys refunded, how payable.

(3.)

All sums refunded as aforesaid shall be payable out of moneys to be appropriated by Parliament, and shall be deducted from any goldfields revenue thereafter payable to the local authorities or persons to whom the rent or fees were paid.

128 Mode of substitution of titles under this Act for titles under former Act without loss of priority.

In order to facilitate the extinguishment of titles acquired under any former Mining Act, and the substitution therefor of titles under this Act, the following special provisions shall apply, anything elsewhere in this Act to the contrary notwithstanding:—

(1.)

On application to the Warden, and with his consent, the holder of any mining privilege granted or acquired under any former Mining Act may surrender the same, and obtain in exchange therefor a license under this Act for a mining privilege corresponding in area and subject-matter to the mining privilege so surrendered.

(2.)

In the case of a licensed holding or business license respectively under any former Mining Act the respective corresponding mining privilege under this Act shall be a special-claim or a business-site license.

(3.)

Such application shall be made in the prescribed manner, and shall specify or identify the area, dimensions, situation, and name of the existing mining privilege to be surrendered, and the nature of the title under which it is held, and also the name of the proposed corresponding mining privilege.

(4.)

The ground, if already marked out or surveyed for the purposes of the existing mining privilege, shall be deemed to be marked out or surveyed for the purposes of the application: Provided that the Warden may direct a fresh marking out or survey to be made if he thinks fit.

(5.)

Before granting such application, the Warden shall be satisfied, inter alia,—

(a.)

That the mining privilege to be surrendered is validly subsisting, and is neither abandoned by operation of law nor liable to forfeiture; and also

(b.)

That no proceedings are pending in respect of such abandonment or forfeiture; and also

(c.)

That all sums in respect of rent, fees, royalties, penalties, and otherwise owing thereunder to Her Majesty are fully paid up to the date of the surrender.

(6.)

Such application may, if the Warden thinks fit, be granted, although it appears that the applicant is entitled to such existing mining privilege at law only, or in equity only.

(7.)

The license granted under this Act for such corresponding mining privilege shall be in such form as is specially prescribed, and simultaneously with the grant thereof the mining privilege for which it is exchanged shall be deemed to be surrendered.

(8.)

Such license shall confer the same priority of rights, and be subject to the same encumbrances, liens, and interests, as the surrendered mining privilege conferred and was subject to; all such priorities, encumbrances, liens, and interests shall be specified in or indorsed on such license, and be registered, and such specification or indorsement shall, subject to the right of appeal, be final and conclusive for all purposes:

Provided that in every case where the surrendered mining privilege is a water-race for mining purposes, and the corresponding mining privilege is a water-race for other than mining purposes, such license shall be subject to the condition that one-half of the total quantity of water for the time being available shall be at the disposal (but solely for mining purposes) of the persons holding inferior rights for mining purposes, and in the order of their priority inter se, on the payment of such fees to the licensee as the Warden prescribes.

(9.)

All references to such surrendered mining privilege in any document executed prior to such surrender shall, for the purpose of giving full effect to the provisions of the last-preceding subsection hereof, be deemed to be references to such corresponding mining privilege and the license therefor.

(10.)

Subject as aforesaid, such license shall be granted for the same term and subject to the same fees, rent, royalty, and other payments, and to the same provisions and conditions, as in the case of a license granted under this Act pursuant to original application:

Provided that a due apportionment of rent or license fee paid under the surrendered license shall be made up to the date of the surrender, and so much thereof as embraces any part of the term of the new license shall be considered and allowed to the licensee in or towards satisfaction of his liability in respect of rent or license-fee under the new license.

129 Amalgamation of claims.

For the purpose of facilitating the working of adjoining claims of any description granted or acquired under this Act or any former Mining Act, or of simplifying the title thereto, the following provisions shall apply:—

(1.)

On application to the Warden, and with his consent, any such claims that are duly registered may, in the prescribed manner and subject to the prescribed conditions, be amalgamated into one claim:

Provided that the total area of the amalgamated claim shall not exceed the maximum area prescribed for a special claim in the same subdivision.

(2.)

Before granting the amalgamation the Warden shall be satisfied that the amalgamation will facilitate the working of the claims to which the application relates, or simplify the title thereto; and also that there has been expended in mining operations on each of the claims not less than such sum as is prescribed.

(3.)

The amalgamation shall be effected by surrendering the titles to the separate claims and obtaining in exchange therefor a license under this Act for the amalgamated claim.

(4.)

With respect to every such surrender and exchange the provisions of the last-preceding section hereof shall, mutatis mutandis, apply.

(5.)

With the consent in each case of the Minister, the foregoing provisions of this section shall apply to non-adjoining alluvial or dredging claims:

Provided that no such claim shall be amalgamated with another unless the nearest boundaries of both are within one mile of each other in the case of dredging claims, or within half a mile of each other in the case of any other description of alluvial claim.

As to Protection of Mining Privileges

130 No liability during period of protection.

Any duly registered mining privilege, or any specified portion thereof, which is protected under the provisions in that behalf hereinafter contained shall, during the period of protection, be deemed to be relieved from liability to abandonment or forfeiture for any cause arising during such period other than intentional abandonment, or default in payment of royalty, rent, or license-fees, or in maintenance of marks.

131 Warden may grant protection of mining privilege.

On application in that behalf by the holder of any duly registered mining privilege, the Warden may by certificate grant protection of such mining privilege or specified portion thereof; and with respect to every such application and certificate the following provisions shall apply:—

(1.)

The application shall be in the prescribed form, and shall specify the mining privilege or portion thereof to which it relates, the period during which protection is required, and the reasons for which the application is made.

(2.)

If the period applied for does not exceed fourteen days, the Warden in his discretion may dispose of the application ex parte in a summary way without requiring it to be notified.

(3.)

If the period applied for exceeds fourteen days, the application shall be notified and disposed of under section one hundred and thirty-six hereof.

(4.)

If the period applied for does not exceed six months the Warden may grant or refuse the application in his discretion.

(5.)

If the period applied for exceeds six months, the Warden, after hearing the application and all objections thereto, shall forward the same, and his report and recommendations thereon, to the Minister, and the application shall not be granted by the Warden unless the Minister signifies in writing on the proposed certificate that he consents thereto.

(6.)

The application may be granted for the whole of the period applied for, or for such less period as the Warden, or, as the case may be, the Warden with the consent of the Minister, thinks reasonable, having regard to all the circumstances.

(7.)

The period applied for or granted shall in no case exceed twelve months.

(8.)

The period of protection shall in every case commence on the date on which the application is granted, or on such earlier date, being in no case earlier than the date fixed for the original hearing of the application, as the Warden thinks equitable.

(9.)

The certificate of protection shall be in the prescribed form, and when duly signed by the Warden, and when necessary by the Minister, shall be transmitted by the Warden to the Registrar, who, having first registered it, shall issue it to the person entitled to receive it.

(10.)

In no case shall a certificate of protection be renewed.

(11.)

In no case shall a certificate of protection be granted unless the applicant satisfies the Warden that all wages due to workmen in the mining privilege, and all rents, royalties, license-fees, and other moneys payable under this Act, have been fully paid or satisfactorily provided for up to the date of the application.

132 Conditions of grant of further protection.

In every case where a certificate of protection has been granted and further protection is subsequently desired a fresh application may be made; and with respect to every such fresh application the following special provisions shall apply:—

(1.)

Except in the cases hereinafter specified, the application shall not be granted unless the prescribed interval of time has elapsed between the filing thereof and the expiration of the period last granted, nor unless during the whole of such interval the mining privilege for which protection is sought has been duly worked and used as required by law.

(2.)

Such prescribed interval shall be one month where the period last granted did not exceed fourteen days, and three months in every other case.

When Warden may waive such conditions.

(3.)

The requirements of the preceding subsections of this section may be waived in any case where the Warden, in respect of any application within his discretion, or the Minister in respect of any application subject to his consent, is satisfied,—

(a.)

That the mining privilege to be protected is to be used in connection with, or for the purpose of, facilitating mining operations on another mining privilege held by the applicant, and cannot be advantageously so used until such operations are further developed; and also

(b.)

That such other mining privilege is being used and worked as required by law, and such operations are being prosecuted bonâ fide, and with reasonable diligence;

(c.)

That, having regard to all the circumstances, it is reasonable that such requirements should be waived:

Provided that in respect of applications within the discretion of the Warden, the power by this subsection conferred upon him shall be so exercised as that the total extent of protection granted without the intervention of the prescribed interval shall in no case exceed six months.

133 Protection where mining privilege at high altitude.

(1.)

In every case where the land comprised in any mining privilege is situate at more than the prescribed altitude above the sea-level, such mining privilege shall, without application, be deemed to be protected for the prescribed period in each year, such period being in no case longer than from the first day of May to the thirty-first day of October inclusive.

(2.)

For the purposes of this section a certificate in writing by a District Surveyor as to the altitude of any land, or a map purporting to be issued by the Surveyor-General or under his authority showing such altitude, shall be sufficient evidence thereof.

134 Days on which all mining privileges protected.

Every mining privilege and every share or interest therein shall, without application, be deemed to be protected on each of the following days, that is to say:—

(1.)

On the polling-day of every election of a member of the House of Representatives, or of any public body;

(2.)

On each day during which he is absent from his mining privilege for the purpose of attending the proceedings in any Court of justice, or before the Warden, whether as party, witness, assessor, or otherwise in the performance of his duty or the necessary protection of his interests;

(3.)

From Good Friday to Easter Monday, inclusive;

(4.)

On Her Majesty’s Birthday;

(5.)

From the twenty-second day of December to the fifth day of January, inclusive;

(6.)

On any public holiday.

135 Protection in case of bankruptcy, lunacy, or death.

In the event of the bankruptcy, lunacy, or death of the holder of any mining privilege, or of any share or interest therein, the same shall, without application, be deemed to be protected for such period not exceeding two months, computed from the date of the happening of that event, as the Warden thinks reasonable, having regard to the special circumstances of the case.

As to the Procedure on Applications to the Warden in respect of Mining Privileges

136 General rules as to all applications to Warden.

Subject to the specific provisions elsewhere contained in this Act with respect to specific applications, the following general rules shall apply with respect to every application to the Warden for the grant, surrender, exchange, amalgamation, or protection of mining privileges, or, in the case of a claim, for authority to employ less than the prescribed number of workmen:—

(1.)

The application shall be made in the prescribed manner and form, and shall be filed in the office of the Registrar, or, if there are more such offices than one in the district, then in the office situate nearest by practicable route to the mining privilege to which the application relates:

Provided that the application shall not be invalidated by reason merely of being filed in the wrong office, but in such case the Warden may either treat it as if duly filed or order it to be transferred to another office, on such terms as he thinks proper, having regard to the convenience of the parties and the circumstances of the case.

(2.)

When filing the application, or on the same day, the applicant shall lodge with the Receiver, to abide the disposal of the application, such sums in respect of rent, survey-fees, license-fees, and otherwise as are prescribed.

(3.)

The precise time of the filing of the application shall be recorded thereon by the Registrar or other officer receiving the same, and applications in respect of the same subject-matter shall have priority according to the priority of time of filing, as evidenced by the aforesaid record thereof.

(4.)

In the event of it appearing from such record that two or more such applications were filed simultaneously, their respective priorities shall be decided by lot in such manner as the Warden thinks fit.

(5.)

Every application shall retain its priority until such application is finally disposed of by being granted, refused, or, by leave of the Warden, withdrawn.

(6.)

In every case where the application relates to land, it shall not be lawful for any person not theretofore in lawful occupation of the land to enter or mine thereon whilst such priority continues.

(7.)

If be does so enter or mine, then, in addition to any other penalty be thereby incurs, he shall be deemed a trespasser, and, moreover, all gold found by him whilst so mining shall, if the application is granted, be the property of the applicant; and in the meantime the Warden may, on application in that behalf by the applicant for the mining privilege, order all such gold to be deposited with such person as is named in that behalf in the order to abide the result of the application.

(8.)

The application shall be heard at such time and place as the Warden appoints, and the hearing shall in every case be open to the public.

(9.)

The application shall be notified in such manner, within such time, and to such persons as are prescribed, including in every case all persons whose interests will be obviously affected:

Provided that in every case where the application is for a license for any mining privilege in respect of land or water outside a mining district the Commissioner of Crown Lands of the land district shall be notified, and the application shall not be granted until be has reported thereon to the Warden.

(10.)

Any person desiring to object to the application shall, in the prescribed manner and within the prescribed time, give to the Warden and also to the applicant notice in writing of the nature of such objection, and (subject to the succeeding provisions of this section) no person shall be entitled to appear and object unless be has duly given such notice.

(11.)

The Warden, in his discretion, may, at any time before the application is finally disposed of, direct notice thereof or of any objection thereto to be given to any person, or any survey to be made, or other act to be performed.

(12.)

The Warden may of his own motion, and without notice, take any objection be thinks fit, and shall not grant the application if he is satisfied that any valid objection thereto exists.

(13.)

If any question or dispute arises as to whether the prescribed provisions relating to marking out the land or notifying the application have been sufficiently complied with, the Warden shall decide. In so deciding, the Warden shall have regard to the spirit and intention of those provisions, and it shall be sufficient if he is of opinion that they have been substantially complied with, and that no person has been deceived or misled.

(14.)

The Warden may adjourn the application from time to time or from place to place, in such manner and on such terms as he thinks fit.

(15.)

On the hearing of the application the applicant and every objector shall appear in person or by solicitor or registered agent.

(16.)

If, however, the applicant does not desire to appear, he may, at any time before the hearing, file in the office of the Registrar a statutory declaration of compliance with this Act.

(17.)

Such declaration shall be exempt from stamp duty, and shall be in the prescribed form, and shall certify,—

(a.)

That all the statements contained in the application are true; and also

(b.)

That all prescribed provisions as to marking out the ground, posting notices thereon, serving notices on all persons affected, and otherwise, have been duly observed in so far as is required by law; and also

(c.)

That the ground applied for does not cross any road or street; and also

(d.)

That the applicant believes himself entitled to the grant of the application, and knows of no valid objection thereto; and also

(e.)

That, so far as the applicant is aware, no public or private rights will be prejudicially affected by the grant of the application; and

(f.)

Such other particulars as are prescribed.

(18.)

The Warden, if satisfied with such declaration, may accept it as evidence in support of the application, and grant the application without requiring the applicant to appear.

(19.)

If, however, be is not satisfied with the declaration, or if any objection arises which in his opinion requires to be met, he shall adjourn the hearing, and notify the applicant to appear.

(20.)

If, on the hearing of the application, any person appears and objects, the Warden may award to or against the applicant, or the objector, such costs and expenses as he thinks fit:

Provided that no costs or expenses shall be awarded against any objector whose objections are based wholly and bonâ fide on purely public grounds.

(21.)

In awarding such costs and expenses the Warden shall, as far as practicable, follow the scale for the time being in use in the Warden’s Court, and they shall be recoverable in the same manner as if they were a judgment of that Court.

(22.)

For the purpose of hearing and disposing of the application, and of generally giving full effect to the provisions of this section, the Warden shall have all the powers of a Warden exercising jurisdiction in a Warden’s Court, and the practice and procedure of that Court (including the practice as to rehearings) shall apply, with such modifications, additions, and exceptions as are prescribed.

(23.)

The application may be granted in respect of either the whole of the land to which it relates, or to such portion thereof (not exceeding the prescribed maximum) as the Warden thinks fit, notwithstanding that in the case of a claim the claim granted may not be of the same class as the claim applied for.

(24.)

In any of the following cases, that is to say,—

(a.)

If the land to which the application relates is outside a mining district; or

(b.)

If the application is for a license for a special claim whose area exceeds thirty acres, or for a license for any mining privilege (whatever its area) under the sea or on the foreshore,—

The Warden shall not grant the license unless and until the Minister has consented thereto, and notified such consent in writing on the instrument of license.

(25.)

Except in the cases referred to in last-preceding subsection hereof, the application may be granted or refused by the Warden in his discretion.

As to Survey

137 When area exceeds twenty acres land to be surveyed.

In every case where the area of the land to which the application relates exceeds twenty acres the land shall be surveyed in the prescribed manner; and with respect to every survey the following provisions shall apply:—

Provisions relating thereto, and to preliminary inquiry.

(1.)

Where at the time of the filing of the application the land is already duly surveyed, and the plans thereof are deposited in the Warden’s office, the applicant may refer to them in his application; or, if they are not then so deposited, he may deposit them there at any time prior to the hearing of the application, and in any such case no fresh survey shall be necessary unless the Warden so directs:

Provided that, in lieu of or prior to directing such fresh survey, the Warden may, at the cost of the applicant, require a surveyor to inspect the land and report to the Warden as to whether the boundaries marked out by the applicant are coterminous with those shown by the plans.

(2.)

Where the survey is to be made after the filing of the application, the Warden may in his discretion, prior to the survey being made, hold a preliminary inquiry for the purpose of enabling it to be ascertained as far as practicable whether the expense of survey should be incurred.

(3.)

The time and place of such preliminary inquiry shall be appointed and notified by the Warden, and the costs thereof and the procedure thereon shall, so far as applicable, be the same as in the case of an ordinary application.

(4.)

If on the holding of such preliminary inquiry the Warden is of opinion that the application should not be granted, he may dismiss it; if, however, no valid objection then appears to exist to the granting of the application, the survey shall be proceeded with, and in the meantime the hearing of the original application shall be postponed.

(5.)

On such postponed hearing, no objection (except objections either arising out of the survey or based on purely public grounds) shall be entertained unless the objector,—

(a.)

Deposits the sum of five pounds as security for costs; and also

(b.)

Files in the Warden’s office and serves on the applicant written notice of such objection, at least two days prior to the day of hearing; and also

(c.)

Satisfies the Warden that owing to non-service of notice, subsequent discovery of facts, or other sufficient cause, such objection could not reasonably have been raised at the holding of the preliminary inquiry.

(6.)

The survey shall be made by a surveyor to be nominated by the applicant and approved by the Warden, or, in the absence of such nomination, to be appointed by the Survey Department on report from the Warden.

(7.)

The costs and charges of the survey, and of every such inspection and report as aforesaid, shall not exceed the prescribed scale, and the same may be taxed by the Warden. Such costs and charges, when taxed as aforesaid, shall be deemed to be a debt payable to the surveyor by the applicant.

(8.)

Prior to any such survey or inspection and report being made, the Warden may require the applicant to deposit in the Warden’s Court such sum as the Warden thinks reasonable as security for such costs and charges; and such deposit shall, on the order of the Warden, be applied in or towards payment thereof.

(9.)

The survey shall be completed, and the plans relating thereto shall be lodged in the Warden’s office, within the period of three months after the prescribed date, or within such extended period (not exceeding an additional three months in the North Island, or six months in the Middle or South Island) as the Warden in his discretion thinks fit to grant on application made in that behalf before the expiration of the first-mentioned period:

Provided that, on application made in that behalf, the Warden in his discretion may further extend the same for any period not exceeding three months at any one time in any case where be is satisfied that the non-completion of the survey is caused by delay on the part of the Survey Department of the Government.

(10.)

Such prescribed date shall be—

(a.)

In cases where a preliminary inquiry is held as aforesaid, the date of the conclusion of such inquiry;

(b.)

In cases where the Warden directs the survey to be made, the date of such direction being given; and

(c.)

In all other cases, the date of the filing of the application for the land.

(11.)

If default is made in duly completing such survey and lodging such plans within such period or extended period as aforesaid, the application for the land shall be deemed to be void.

As to the Form, Term, Renewal, and Conditions of Licenses for Mining Privileges

138 General provisions as to licenses.

Subject to the specific provisions elsewhere contained in this Act with respect to specific licenses, the following general provisions shall apply with respect to all licenses granted under this Act for mining privileges:—

Form.

(1.)

The license shall be in the prescribed form, and shall be signed by the Warden granting the same, and sealed with the seal of his Court.

Errors.

(2.)

The Warden may at any time amend any error or misdescription in the license, provided that the rights of other parties are not thereby prejudicially affected.

Term.

(3.)

The term of the license shall be any period not exceeding forty-two years.

Commencement.

(4.)

The term of the license shall be deemed to commence on the day of the grant thereof by the Warden.

Renewal.

(5.)

On the expiration of the term of any license by effluxion of time, the licensee shall have the right to a renewal thereof for any term not exceeding the maximum prescribed in the case of the original term:

Provided that within the prescribed period before such expiration be files in the office of the Registrar a notice in the prescribed form that such renewal will be required.

(6.)

During the term of such renewal the license shall be subject to the same rent, royalties, fees, and other payments, and the same terms, conditions, reservations, and provisions, as would apply if the license were granted at the commencement of such term pursuant to original application in that behalf.

(7.)

The foregoing provisions for the renewal of the original term shall apply to every renewed term.

(8.)

Every renewal shall be in the prescribed form, and the right to the renewal shall not be affected by the repeal of this Act.

Conditions.

(9.)

The license shall be deemed to be granted and shall be held subject to such rent, royalty, and license-fees, terms, conditions, reservations, and provisions as are prescribed by this Act or by regulations thereunder, and subject also to such additional terms, conditions, reservations, and provisions, not inconsistent with this Act or the regulations thereunder, as the Warden thinks fit to specify in the license, for the purpose of protecting public and private interests, and defining the rights and duties of the licensee:

Provided that every term, condition, or provision imposed by the Warden which is inconsistent with this Act or the regulations thereunder shall be void.

(10.)

The rent or license - fee shall in every case be payable in advance by the following instalments, that is to say:—

(a.)

The first instalment (being for the period elapsing between the date of the license and the last day of June or December next following such date) shall be due and payable on the date of the license, and shall be paid before the issue thereof;

(b.)

The subsequent instalments shall be due and payable half-yearly in advance, computed from the last day of June or December next following the date of the license.

As to the Transfer and Registration of Mining Privileges

139 Mining privilege to be deemed a chattel interest.

Every mining privilege shall be deemed to be a chattel interest, and may be sold, encumbered, transmitted, seized under writ of execution or warrant, or otherwise disposed of, as fully as a chattel interest in land, subject nevertheless to the provisions of this Act.

140 Transfers to be registered.

No instrument of transfer of any mining privilege shall be deemed to pass the title to the transferee until such instrument is duly registered under this Act; and with respect to every such instrument the following provisions shall apply:—

Provisions relating thereto.

(1.)

The transferor when executing the instrument, or, if there are more transferors than one, the transferor who last executes it, shall insert therein the place and date of such execution; and such date shall be deemed to be the date of the instrument.

(2.)

The transferee shall, within the prescribed period after the aforesaid date of execution, deposit the instrument with the Registrar for registration, and the Registrar shall register the same as on the hour and date of the same being so deposited.

(3.)

Such prescribed period shall be thirty days if the place of execution is in the colony; sixty days if such place is in any of the Australasian Colonies; and one hundred and twenty days if such place is elsewhere.

(4.)

The Registrar shall not register the instrument after the expiration of such prescribed period without the authority in writing of the Warden.

(5.)

On reasonable cause being shown why the instrument was not deposited within the prescribed period, the Warden may grant such authority upon such terms and conditions, and upon the payment of such fine not exceeding five pounds, as he thinks fit.

(6.)

If any person fails or neglects to faithfully observe any of the provisions of this section, in so far as they relate to himself, be is liable to a penalty not exceeding ten pounds.

(7.)

The instrument shall, so far as concerns the mining privilege thereby purporting to be disposed of, be void as against any person claiming bonâ fide and for valuable consideration under any subsequent instrument duly registered prior to the registration of the first-mentioned instrument.

141 License or renewal to be sent to Registrar for registration or indorsement.

In every case where the Warden grants or renews any license he shall transmit the instrument of license or renewal to the Registrar for registration and issue, and the Registrar, having first registered the same in the prescribed manner, and indorsed thereon a memorial of every registered instrument affecting the same, shall issue it to the person entitled to receive it.

142 Other interests which may be registered.

There may also be registered under this Act, in the prescribed manner,—

(1.)

Any mining privilege acquired under any former Mining Act;

(2.)

Any ordinary alluvial claim held under this Act otherwise than by license;

(3.)

Any share or interest lawfully created in any duly registered mining privilege:

Provided that no transfer of an unregistered mining privilege, or of any share or interest therein, shall be registered.

143 Several rights may be transferred in same instrument.

Two or more mining privileges may be comprised in the same instrument for the purpose of transferring or otherwise disposing of them all in the same way and between the same parties.

144 Limit of time for taking proceedings for cancellation of deeds.

In any case where any person has in good faith and for valuable consideration duly taken a transfer of any mining privilege, and duly registered the instrument of transfer, such registration shall be an absolute bar to all proceedings for the forfeiture or abandonment of such mining privilege on any grounds existing prior to the date of such registration, unless such proceedings are actually commenced within six months after that date.

145 Registration-fee.

There shall be payable in respect of the registration of each instrument such fee as is prescribed.

146 Registers under former Act continued.

All registers under any former Mining Act shall be deemed to be registers under this Act, and any register may, during the prescribed hours, be searched by any person on payment of the prescribed fee in respect of each title to which the search relates.

As to the Forfeiture of Mining Privileges by Decree of the Court

147 When mining privilege liable to forfeiture by decree of Warden’s Court.

Subject to the provisions hereinbefore contained relating to protection, and also to registration by transferee in good faith, and without in any way affecting the provisions hereinafter contained relating to abandonment by operation of law, a mining privilege shall be liable to forfeiture by decree of the Warden’s Court in any of the following events, that is to say:—

(1.)

If the title thereto was originally obtained by fraudulent misrepresentation:

(2.)

If, in the case of a business-site or a residence-site, it is entirely unused for its proper purpose, or unoccupied or neglected for any continuous period of three months:

(3.)

If, in the case of any mining privilege other than a claim, or a race or dam held exclusively for other than mining purposes, or a business-site or a residence-site, the land comprised therein has been entirely unused for its proper purpose, or unoccupied, or neglected, for any continuous period of fourteen days in the case of a mining privilege on which machinery, buildings, erections, or works adapted for the efficient bond fide working, or use thereof do not exist or are not in bond fide course of erection or construction, or one month in any other case: (4.) If, in the case of a claim, default is made in the faithful observance of any of the labour conditions prescribed under section eighty-five hereof, and such default is continued for any period of forty-eight hours in the case of an ordinary claim, or seven days in any other case:

(5.)

If, in the case of any mining privilege in respect whereof any periodical payment of rent, royalty, or license-fees is prescribed, default for sixty days is made in duly and punctually making any such payment:

(6.)

If, in the case of any mining privilege, default for sixty days is made in the faithful performance or observance of any other of the provisions or conditions subject to which the same is held:

Provided that, except in cases where the cause of action is fraudulent misrepresentation, and the defendant is the holder of the mining privilege the title whereto was obtained thereby, no mining privilege shall be liable to forfeiture for any cause of action arising more than six months before the commencement of the suit.

148 Bonâ fide purchaser not liable for preceding defaults other than payment of rent.

In any suit for the forfeiture of a mining privilege, where the cause of action is other than fraudulent misrepresentation or a continuing default in payment of rent, royalty, or license-fees, it shall be a sufficient defence if the defendant satisfies the Court,—

(1.)

That such cause of action arose before be purchased the mining privilege, and has not continued since such purchase; and also

(2.)

That be purchased it bonâ fide for valuable consideration, and without notice or knowledge of the existence of such cause of action; and also

(3.)

That before purchasing it be took all reasonable precautions to ascertain whether any liability to forfeiture existed.

149 Forfeiture of surplus ground exceeding area allowed.

In any case where the ground comprised in or held under any mining privilege exceeds the area which the holder is entitled to, the surplus ground shall be liable to forfeiture by decree of the Warden’s Court, and, except where such special circumstances exist as, in the opinion of the Court decreeing the forfeiture, entitle such holder to fix the dimensions, area, and situation of the forfeited surplus ground, the first applicant shall have the right to fix the same by marking off such ground from any two of the original corner pegs or marks along the boundaries of the mining privilege, or in such other manner as the Court directs:

Provided that if he exercises such right, and obtains the ground, he shall pay to the former holder such reasonable compensation as the Court directs for any shaft, face, or other mining works then existing thereon.

150 Procedure in forfeiture suits.

With respect to suits in the Warden’s Court for forfeiture of a mining privilege or surplus ground the following provisions shall apply

Plaintiff.

(1.)

If the cause of action is default in punctual payment of rent, royalty, or license-fees, the plaintiff shall in every case be the Registrar, Inspector, or some other officer acting in the administration of this Act.

(2.)

If the cause of action is other than such default as aforesaid, the plaintiff may be any such officer as aforesaid, or any holder of a miner’s right.

(3.)

Where any such officer as aforesaid is plaintiff, costs shall not be given against him.

Fine instead of forfeiture.

(4.)

In lieu of decreeing a forfeiture, the Court, having regard to the special circumstances of the case, may in its discretion inflict a penalty of not more than one hundred pounds, with costs of suit; and, if the costs so awarded do not cover the reasonable expenses actually incurred by the complainant in the suit, the Court may, out of such penalty, allow to him such sum as it thinks reasonable.

(5.)

The decree of forfeiture may be made notwithstanding that the evidence establishes abandonment by operation of law.

As to Abandonment of Mining Privileges by Operation of Law

151 When mining privilege deemed abandoned by operation of law.

Subject to the provisions hereinbefore contained relating to protection, and also to registration by transferee in good faith, a mining privilege shall be deemed to be abandoned by operation of law in any of the following events, that is to say:—

(1.)

If it is intentionally abandoned; or

(2.)

If the land comprised therein has been entirely unused for its proper purpose, or unoccupied, or neglected, for any continuous period of one month in the case of a mining privilege on which machinery, buildings, erections, or works adapted for the efficient bonâ fide working or use thereof do not exist or are not in bonâ fide course of erection or construction, or three months in any other case:

Provided that this subsection shall not apply in the case of any race or dam held exclusively for other than mining purposes, nor in the case of a business-site or a residence-site; or

(3.)

If, in the case of a race or dam held exclusively for other than mining purposes, it is entirely unused for its proper purpose for any continuous period of twelve months; or

(4.)

If, in the case of a business-site or a residence-site, it is entirely unused for its proper purpose, or unoccupied, or neglected, for any continuous period of six months; or

(5.)

If, in the case of any mining privilege, default for twelve months is made in the due and punctual payment of any prescribed rent, royalty, or license-fee.

152 When water-race deemed intentionally abandoned.

Except in the case of a water-race used exclusively for other than mining purposes, a race shall be deemed to be intentionally abandoned in any of the following events, that is to say:—

(1.)

If, in the case of a race constructed for the continuous flow of water, the water fails to flow continuously therein during any continuous period of not less than seven days, or during any continuous period of not less than three months such race is not used for its proper purpose; or

(2.)

If, in the case of a race constructed for any other purpose than the continuous flow of water, such race is not used for its proper purpose during any continuous period of not less than six months; or

(3.)

If in the case of any race it is so damaged or out of repair as to be unfit for its proper use, and so continues for not less than two consecutive months without steps being bonâ fide taken to repair the damage and render the race fit for its proper use with the least possible delay.

153 Abandonment from incapacity of race.

In any case where the licensee of a race fails or neglects to construct within the period prescribed in that behalf a race of sufficient capacity to carry the number of sluice-heads registered, then forthwith on the expiration of such period all sluice-heads in excess of the number which the race is then capable of carrying shall be deemed to be intentionally abandoned.

154 Abandonment from acts and conduct.

Irrespective of any of the foregoing provisions of this Act, a mining privilege shall be deemed to be intentionally abandoned whenever from the acts or conduct of the holder an intention to abandon may be conclusively inferred:

Provided that a mere declaration of intention not to abandon shall be no evidence of such intention, unless such declaration is accompanied by unambiguous acts or conduct in support thereof.

155 Certificate by Warden of abandonment.

Upon being satisfied that any mining privilege has been abandoned by operation of law, the Warden shall certify in writing that such abandonment has been established, and also the date on or before which it occurred.

156 Procedure for obtaining such certificate.

With respect to every such certificate of abandonment the following provisions shall apply:—

(1.)

Such certificate may be given by the Warden either in the course of disposing of any application for any mining privilege in respect of the whole or any part of the land, or, in the absence of such application, upon summons to the alleged abandoning holder to show cause why the certificate should not be given.

(2.)

Such summons shall be returnable not less than ten nor more than twenty-one days after service thereof, and may be issued by the Warden either of his own motion or on the report of the Registrar or any Inspector that the mining privilege is believed to be abandoned by operation of law.

(3.)

Such certificate shall not be given in the course of disposing of any such application as aforesaid until such holder has had an opportunity of appearing and showing cause.

(4.)

For such purpose there shall be advertised by and at the expense of the applicant a copy of such application, with a notification thereon that upon the hearing of such application a certificate of abandonment may be given, unless cause to the contrary is shown.

(5.)

Not later than ten days before the day of hearing, the applicant shall serve on such holder, and also affix on the land or race to which the application relates, a copy of such advertisement.

(6.)

Such notification may form part of the original application.

General Provisions as to Forfeiture and Abandonment

157 When mining privilege not liable to forfeiture nor deemed abandoned.

No mining privilege shall be liable to forfeiture, or be deemed to be abandoned by operation of law, in any case where the acts, defaults, or events relied on to establish such liability or abandonment were caused by reason only of—

(1.)

The sickness or unavoidable absence of any person; or

(2.)

The act or default of any workman, lessee, tributer, or other person to which the holder of the mining privilege was neither party nor privy, and which he could not reasonably have provided against or prevented; or

(3.)

The failure of water; or

(4.)

The occurrence of any accident or natural contingency which could not reasonably have been provided against or prevented.

158 What shall not be evidence.

The mere maintenance of marks, or holding of miners’ rights, or renewal of license, or registration of title, or, excepting in forfeiture suits for default in payment of rent, royalty, or license-fees, the absence of such default, shall be no evidence against either liability to forfeiture or abandonment by operation of law.

159 Decree or certificate to be registered.

In every case where the decree of forfeiture or certificate of abandonment relates to a registered mining privilege, such decree or certificate shall be registered.

160 Where decree or certificate relates to portion of mining privilege.

In every case where any such decree or certificate relates to portion only of a mining privilege the following provisions shall apply:—

(1.)

Such mining privilege shall be deemed to be surrendered, and in exchange therefor the Warden shall grant a license under this Act for a corresponding mining privilege comprising the unforfeited or unabandoned portion of the surrendered mining privilege.

(2.)

Such surrender and exchange shall have the same operation as if effected under section one hundred and twenty-eight hereof, and accordingly the provisions of that section shall, mutatis mutandis, apply.

161 Decree or certificate to take effect forthwith.

A decree of forfeiture or certificate of abandonment, unless reversed on appeal, shall take effect forthwith upon its being made or given; or, in case of abandonment, upon such earlier date as is specified in the certificate.

162 Forfeited land to be open for application.

Forthwith upon the taking effect of a decree of forfeiture or certificate of abandonment the following provisions shall apply:—

(1.)

The license or other instrument under which the forfeited or abandoned mining privilege was held shall be void, and the former holder thereof, and all persons holding under or deriving title through him, shall cease to have any right or interest therein, and the forfeited or abandoned land shall be open for application for mining privileges in the same manner and to the same extent as if it had never been taken up or held by him or them:

Provided that the forfeiture or abandonment shall not relieve such holder from liability for payment of any rent, royalty, or license-fees due, or accruing due, up to the date of the taking effect of the decree or certificate.

Priority.

(2.)

Where the decree is made on the application of the holder of a miner’s right, be shall, unless the Warden, having regard to all the circumstances, otherwise orders, be deemed to be the first applicant for any mining privilege in respect thereof if his application is duly made and filed not later than seven days after the day on which such decree takes effect.

Removal of persons.

(3.)

The Warden may, by warrant addressed to the bailiff of his Court or the officer in charge of the police, remove from the land any person who is in unlawful possession or occupation thereof.

163 Construction of provisions as to forfeiture and abandonment.

The respective provisions of this Act relating to liability to forfeiture and abandonment by operation of law shall apply to the whole or any specified portion of a mining privilege, and those provisions shall be construed accordingly.

General Provisions as to Mining Privileges

164 Applications may be granted to construct race, &c., or convey tailings, &c., over mining privilege.

For the purpose of facilitating mining operations under this Act, the following special provisions shall apply in the case of every mining privilege:—

(1.)

Subject to regulations under this Act, the Warden, on application in that behalf, may grant to any person the right to enter upon, occupy, and use any specified portion of the land comprised in any mining privilege, for any of the following purposes:—

(a.)

To cut, construct, maintain, and use upon, over, or under such land any race, tunnel, drive, or other mining work;

(b.)

To convey over or discharge upon such land any tailings, débris, or waste waters resulting from mining operations;

(c.)

Such other purposes as are prescribed.

(2.)

The application shall be notified and disposed of in manner prescribed by section one hundred and thirty-six hereof.

(3.)

The application, if granted, may be granted on such terms and conditions as the Warden thinks fit, and shall in every case be deemed to be granted subject to the condition that the grantee will not unduly interfere with the reasonable and lawful use of such mining privilege by the holder thereof, nor with his lawful mining operations thereon; and also will pay compensation, to be assessed in the prescribed manner, for all damage done to buildings, machinery, or mining works on such land by such grantee in acting under the grant.

165 As to claim or race intersected by road or street.

In every case where the land comprised in any mining privilege, being a claim or race, is intersected by a road or street, or where the proposed course of a tunnel crosses a road or street, the following provisions shall apply:—

(1.)

The land shall not be deemed to be dissevered by such road or street, and it shall not be necessary to mark off the same.

(2.)

For the purpose of computing the maximum prescribed area of the mining privilege such road or street shall be included therein, but the holder shall not be entitled to carry on mining operations upon, over, or under such road or street, or to exercise in respect thereof any of his rights as such holder, nor shall the proposed tunnel be constructed across or under such road or street except with the previous consent in writing of the local or other authority having control thereof, and subject to such terms and conditions as are imposed by that authority.

(3.)

The powers of the last-preceding subsection hereof conferred upon such authority may be exercised either by resolution of the authority or by certificate in writing under the hands of the Chairman or Mayor and any two other members appointed generally in that behalf by resolution of such authority.

166 House, garden, &c., not to be interfered with unless Warden orders, and compensation paid.

(1.)

Except in cases where the Warden by order otherwise directs, no mining privilege shall entitle the holder thereof to take possession of or interfere with any Crown land which is being lawfully and bonâ fide used as a yard, garden, orchard, cultivated field, race, or dam, or on which any house or other building is lawfully standing, and in actual use or occupation.

(2.)

Such order shall not be granted unless the Warden is satisfied that the land is bonâ fide required for mining purposes, nor until compensation for improvements (but not for the value of the land), to be assessed in the prescribed manner, has been either paid by such holder to the person entitled, or has been secured to the satisfaction of the Warden.

167 Compensation for damage to land.

Except where otherwise provided by this Act, every person who by reason of his mining operations causes damage to land shall be liable to pay compensation for such damage to the owner and occupier of such land.

168 Casual damage to mining privilege.

In every case where a mining privilege comprises land which is owned or lawfully occupied by any other person than the holder of such mining privilege, such person shall not be liable for any casual damage done by horses, sheep, cattle, or other stock to such mining privilege or the holder’s works thereon.

169 Action for trespass.

No action shall lie for any trespass on any land, tenement, or easement held or acquired under this Act or any former Mining Act, unless at the time of the alleged trespass such land, tenement, or easement was visibly occupied or used by the person alleging the trespass, or was by visible boundary-marks appropriated to him.

170 Removal of buildings, &c., on expiry of lease, and compensation for improvements.

With respect to buildings, machinery, and other structural or non-structural improvements made by the holder of a mining privilege on the land comprised therein the following provisions shall apply

(1.)

Except where otherwise expressly provided by this Act, he shall in no case have any right to valuation or compensation from Her Majesty in respect of any such improvements.

(2.)

At any time before the expiration of the prescribed period after be ceases to be the holder he may remove or otherwise dispose of all structural improvements belonging to him and being on the land: Provided that such right of removal shall not exist in the case of timber and other materials actually used and applied in the construction or support of any shaft, drive, gallery, adit, tunnel, race, dam, or other mining work existing on the land; and if he removes any such timber or other materials in breach of this paragraph be is liable to a penalty not exceeding one hundred pounds.

(3.)

Such prescribed period shall be thirty days after be ceases to be such holder, whether by surrender, expiration, abandonment, or forfeiture, or such longer time as the Warden on application in that behalf directs.

(4.)

The outgoing holder of a business- or residence-site shall in such cases, to such extent and subject to such conditions as are prescribed, be entitled to compensation from the incoming holder for all improvements then existing on the land.

(5.)

Except as by this section hereinbefore provided, no person shall have any right or title to any improvements on the land comprised in any mining privilege after be ceases to be the holder thereof.

As to Workmen and other Persons employed in Mining Privileges

171 Lien for wages or contract-moneys.

Every person who is employed by or under the holder of any mining privilege (other than a business-site or residence-site) to work thereon on wages or on contract shall, by force of this Act, have a lien on such mining privilege (and also on any other mining privilege held and worked in connection therewith by the same holder) for wages or contract-moneys owing to him by reason of such employment, and such lien shall extend and operate in manner following, that is to say:—

(1.)

The lien shall extend to three months’ wages in the case of a wages-man, and to one hundred pounds in the case of a contractor or sub-contractor.

(2.)

Where the lien is in respect of wages owing by a contractor, it shall operate only to the extent of the amount owing under the contract to the contractor by the holder of the mining privilege.

(3.)

Where the lien is in respect of wages owing by a subcontractor, or in respect of contract-moneys owing to a sub-contractor, it shall operate only to the extent to which the amount owing by the contractor to the sub-contractor is also owing to the contractor by the holder of the mining privilege.

(4.)

All moneys paid under either of the two last-preceding subsections hereof by the holder of the mining privilege may by him be deducted from moneys owing by him to the contractor, and in the case of moneys paid under the last-preceding subsection hereof may by the contractor be deducted from moneys owing by him to the sub-contractor.

(5.)

As between wages-men and contractors, the lien of a wages-man shall have priority.

(6.)

As between contractors and sub-contractors, the lien of a sub-contractor shall have priority.

(7.)

The lien may in the prescribed manner be registered in the Warden’s Court, and shall be void unless it is registered—

(a.)

In the case of a wages-man, within seven days after be ceases his employment or the three months’ wages become due, whichever event is the earlier; and

(b.)

In the case of a contractor or sub-contractor, within seven days after the contract or sub-contract is completed or otherwise determined, or the one hundred pounds become due, whichever event is the earlier.

(8.)

On the day on which the lien is registered the Clerk of the Court shall, by registered letter, post notice thereof in the prescribed form to the holder of the mining privilege to which the lien relates.

(9.)

As between wages-men, contractors, and sub-contractors, inter se, their respective liens shall have priority according to the date of registration; but as between lienees of the same class all registered liens shall rank equally and alike in respect of such portion of the amounts to which the liens relate as was earned during one and the same period of time.

172 Lien to have priority.

A duly registered lien under the last-preceding section of this Act or the corresponding provisions of any former Mining Act shall have priority over all other then existing or subsequently created encumbrances, liens, or interests whatsoever affecting the mining privilege to which such registered lien relates.

173 Warden to determine all questions relating to liens.

The Warden shall have jurisdiction to determine all questions and claims relating to such liens, including all questions and claims relating to the amounts payable under such liens, their order of priority, and the mode of satisfying and discharging the same.

174 Mining privileges may be sold to satisfy lien.

For the purpose of satisfying and discharging any such lien the Warden may by order made on the application of the lienee cause the mining privileges to which the lien relates to be sold by public auction, at such time and place, and on such terms and conditions, as he thinks fit.

175 How proceeds of sale to be applied.

The moneys produced by any such sale shall be applied, first, in or towards defraying the costs and expenses of the sale; secondly, in or towards defraying the costs and expenses of the proceedings in which the order for sale was made; thirdly, in or towards satisfying and discharging, according to their respective priorities, all registered liens; and the surplus, if any, shall be payable to the person entitled thereto.

176 Warden may execute transfer of sale.

(1.)

For the purpose of completing the title of the purchaser at any such sale, the Warden, in his official name and under his official seal, may, at the cost in all things of the purchaser, execute all such instruments of transfer or other assurance as are necessary; and every instrument so executed shall vest the purchased property in the purchaser, freed from all encumbrances whatsoever other than those (if any) subject to which the sale was expressed to be made.

(2.)

The Warden shall incur no personal or other liability by reason of executing any such instrument.

177 Mortgagee may satisfy liens.

Any mortgagee of the mining privilege ordered to be sold as aforesaid may, at any time before the sale, apply to the Warden for leave to pay into Court whatever sum is necessary in order to satisfy the liens with costs and expenses, and thereby avoid the necessity of the sale; and, upon the sum as fixed by the Warden being paid into Court, the Warden may by order stop the sale.

178 Moneys so expended to be added to mortgage.

The sum so paid into Court shall be applied in like manner as in the case of the proceeds of a sale, and all moneys (including costs and expenses) expended or incurred under this section by the mortgagee shall by force of this Act be deemed to be added to and to form part of the principal moneys owing under his mortgage, and shall be covered by the security thereof accordingly.

179 “Mining privilege” includes plant and machinery.

For the purposes of the eight last-preceding sections hereof, the expression “mining privilege” includes all plant and machinery situate on or worked in connection with the mining privilege and belonging to the holder thereof.

180 Exceptions.

Except in so far as is prescribed by regulations under this Act, neither “The Contractors’ and Workmen’s Lien Act, 1892,” nor “The Workmen’s Wages Act, 1893,” shall apply to any such lien as aforesaid.

181 Lien of tributers on earnings of claim.

With respect to tributers in any claim, but irrespective of their rights under the aforesaid Acts, the following special provisions shall apply: —

(1.)

As against the holder of such claim, and all persons claiming under or through him (hereinafter called “such holder”), every such tributer shall, in respect of his labour in such claim, have a lien upon all earnings the result of such labour:

Provided that the amount of such lien shall not exceed at any one time four weeks’ wages, computed at half the rate current in the district, such rate being in no case deemed to be more than two pounds per week.

(2.)

If such earnings are in the possession of the party of tributers, it shall be lawful for them to deduct therefrom the amount of every such lien before delivering up any such earnings to such holder.

(3.)

If whilst any such lien is unsatisfied such earnings are in possession of such holder, it shall be his duty to apply the same in or towards equal satisfaction of all such liens; and if he fails or neglects so to do within two days after receipt by him, his manager or agent, of demand in writing in that behalf from any such tributer, then, without affecting the validity of any such lien, the amount thereof shall, to the extent of the total value of such earnings, but not further or otherwise, be deemed to be a debt due from him to the tributer entitled to such lien, and may be recovered accordingly.

(4.)

So long as the lien of a tributer remains unsatisfied to the extent of more than two weeks’ wages computed as aforesaid, and such holder has in his possession earnings available but unapplied in or towards satisfaction thereof, such holder shall not be entitled to count such tributer as a workman for the purposes of compliance with the prescribed labour conditions.

(5.)

If any question at any time arises as to the amount of such earnings as aforesaid, or as to the mode of computing the same, or as to the amount of any lien, or as to the mode of enforcing and satisfying the same, the Warden shall decide, and his decision shall be final.

182 Right to metals and minerals found to vest in employer.

If any person is employed for hire or reward to work in a claim, or to prospect, the right to all metals and minerals found by him in the course of such employment, and also the right to take up or hold any claim or other mining privilege on the land on which he is so employed, shall, as between him and his employer, vest in the employer and not in the person so employed, and for the purposes of such employment it shall not be necessary for such person to himself hold a miner’s right.

Part V WORKING, REGULATION, AND INSPECTION OF MINES

As to Certificated Mine-managers, Battery Superintendents, and Engine-drivers

183 Board of Examiners

For the purpose of conducting the examination of applicants for certificates as mine-managers or battery superintendents under this Act, and issuing such certificates, there is hereby constituted a Board of Examiners (hereinafter called “the Board”), consisting of—

The Director of the Geological Survey of New Zealand;

The Surveyor-General;

The Inspecting Engineer of Mines; and

Four other persons to be appointed by the Governor, all of whom shall be holders of first-class mine-managers’ certificates.

184 Appointment of Chairman examinations and procedure, and alteration of constitution.

With respect to the Board the following provisions shall apply:—

(1.)

The Governor shall appoint one of the members of the Board to be its Chairman, and may also appoint a fit person to be its secretary.

(2.)

All examinations shall be conducted and certificates shall be issued by the Board according to regulations under this Act, and, subject to such regulations, the Board may by by-laws or otherwise prescribe its own procedure.

(3.)

The Governor may from time to time alter the constitution of the Board, by appointing as members thereof other persons in lieu of those hereinbefore mentioned; or may authorise and direct any School of Mines, or any persons other than the Board, to conduct examinations, grant certificates, and generally exercise all the powers and functions by this Act conferred on the Board.

185 Mine-manager to be holder of certificate.

(1.)

Every person employed or acting in the capacity of a mine-manager of any mine shall be the holder of a mine-manager’s certificate of the first or second class under this Act.

(2.)

If such mine is worked from a shaft or inclined plane where winding or pumping machinery is used, such certificate shall be a first-class certificate.

(3.)

If such mine is worked from an adit-level where no winding or pumping machinery is used, such certificate need only be a second-class certificate.

186 Battery superintendent’s certificate.

Every person employed or acting in any mine in charge of the machinery and appliances used therein for the purpose of treating any ore, metal, or mineral by the cyanide-of-potassium process, or such other process as the Governor from time to time declares to be a chemical process within the meaning of this Act, shall be the holder of a battery superintendent’s certificate under this Act.

187 Engine-driver to have certificate.

Every person employed or acting in any mine in the capacity of an engine-driver in charge of any engine or winding machinery by means whereof persons are drawn up, down, or along any shaft, pit, plane, or level shall be the holder of an engine-driver’s certificate under “The Inspection of Machinery Act, 1882.”

Certificates by Examination

188 Application to be examined. Fee.

Every person desiring to obtain by examination a certificate as mine-manager or battery superintendent under this Act shall make application to the Board to be examined, and shall forward with his application the fee of one pound:

Provided that if the candidate fails to pass such examination he may be examined again at the end of three months without the payment of any further fee.

189 Subjects of examination.

The examination shall be such as to satisfy the Board that the candidate possesses—

(1.)

In the case of a mine-manager’s certificate, such knowledge and practical experience of the working of a mine as entitles him to a certificate of the first or second class, as the case may be; and

(2.)

In the case of a battery superintendent’s certificate, such knowledge and practical experience of the machinery and appliances used in working the process employed as entitles him to such certificate.

190 Candidate to supply proof of experience.

The candidate shall supply to the Board evidence in writing from his previous employers in proof of the nature and extent of his practical experience; such experience being in the case of a candidate for a mine-manager’s certificate not less than five years’ actual employment in the underground workings of a mine, and in any other case actual employment of such nature and for such period as are prescribed.

Certificates without Examination

191 Certificates from beyond colony recognised.

On payment of a fee of ten shillings, the Board may, without examination, grant any of the certificates aforesaid to any person of good repute who satisfies the Board that he is the holder of a corresponding certificate of equal status, granted after examination by any duly constituted and recognised authority outside the colony.

192 Disqualification.

Whenever it appears to the Board that the holder of any certificate under this Act, or any engine-driver’s certificate under “The Inspection of Machinery Act, 1882,” is guilty of any offence or misconduct which would render him unfit to be trusted to efficiently perform his duties as such holder, the following provisions shall apply:—

(1.)

The Board may call upon him to show cause why be should not be disqualified.

(2.)

If be fails to show cause, the Board shall report the matter to the Minister, who, by notice in the Gazette, may disqualify him for such period as he thinks fit; and during the period of disqualification he shall for all the purposes of this Act be deemed not to be the holder of such certificate.

193 When unlawful to work without manager, superintendent, or engine-driver.

It shall not be lawful—

(1.)

To carry on mining operations in any mine where more than twelve men are employed unless such mine and operations are under the management and charge of a duly certificated mine-manager, provided that this subsection shall not apply in the case of a sluicing or dredging claim; nor

(2.)

To use the cyanide - of - potassium process, or any other chemical process within the meaning of this Act, in or in connection with any mine unless such process and the machinery and appliances connected therewith are under the management and charge of a duly certificated battery superintendent; nor

(3.)

To use in or in connection with any mine any engine or winding machinery by means whereof persons are drawn up, down, or along any shaft, pit, plane, or level, unless such engine or machinery is under the charge of a duly certificated engine-driver.

194 Name of minemanager or battery superintendent to be furnished.

The owner of any mine wherein a mine-manager or battery superintendent is employed shall by notification in writing furnish to the Inspector, and also to the Minister, the name of such manager or superintendent, together with the number and class of his certificate, and shall also at all times cause such name to be kept posted in some conspicuous place at the entrance of the mine.

195 Manager, &c., not to act as sharebroker.

(1.)

If any person whilst be is employed or acting as mine-manager, legal manager, or secretary of any mine, or of any registered or incorporated company carrying on mining operations, acts directly or indirectly as a sharebroker in respect of the shares or stock of such mine or company be is liable to a penalty not exceeding fifty pounds.

(2.)

Section twenty-four of “The Mining Companies Act, 1894,” is hereby repealed in so far, but so far only, as it prohibits a manager or secretary of any mining company from carrying on business or acting as a sharebroker for the sale or disposal in any way of shares in mining companies liable to the provisions of that Act, or in their stock or property of any kind.

196 Certificate to be produced to Warden or Inspector.

Every person employed or acting as a mine - manager, battery superintendent, or engine-driver, in connection with any mine other than a sluicing or dredging claim, shall produce his certificate to the Warden or any Inspector of Mines or Inspector of Machinery whenever required by the Warden or any such Inspector so to do.

As to the Employment of Persons in Mines

197 Limit of hours of employment in mines.

With respect to persons in charge of machinery used in connection with any mine, or with the treatment of the products of any mine, the following provisions shall apply:—

(1.)

Except in cases of breakage, or other special emergency, no such person shall be employed for a longer period than eight consecutive hours at any one time; and between each such period and the next there shall be an interval of at least four hours.

(2.)

Such period of eight hours shall be exclusive of meal-times, and also of the time (if any) occupied in raising or exhausting steam or drawing fires in connection with the machinery in his charge.

(3.)

Such person shall be entitled to holidays at the rate of not less than one whole holiday or two half-holidays for every eight weeks (whether consecutive or not) during which he is employed in charge of such machinery on seven consecutive days in each such week.

(4.)

Such person commits an offence if, whilst in charge of such machinery, property is damaged or destroyed in consequence of his negligence.

198 Who may not work in mine.

No female person of any age, and no male person under the age of fourteen years, shall be employed for hire in any capacity in or about a mine:

Provided that this shall not apply in the case of clerical employment.

199 Limit of employment of persons under eighteen.

No person under the age of eighteen years shall at any. time be employed as lander or brace-man over any shaft, nor, except in cases of breakage or other special emergency, shall be be employed in any capacity in or about a mine for more than forty-eight hours in any week, or for more than eight hours in any consecutive period of twenty-four hours, exclusive nevertheless of meal-times.

As to Drainage of Mines

200 Owners of mines to contribute to cost of raising water by machinery.

In any case where any person employs efficient machinery in raising or draining water from any mine, he shall be entitled to receive reasonable contribution towards the expense thereby incurred from the owner of every adjacent mine which is thereby benefited, or which by reason of its mode of working adds to the quantity of water to be thereby raised or drained.

201 Not liable for accidental stoppage of machinery.

Such person shall not be liable for any damage or injury caused to any such contributing mine by reason of the stoppage of his draining operations if such stoppage is caused by accident to his machinery or any other cause beyond his control:

Provided that he exercises all due diligence in repairing his machinery and resuming his draining operations.

202 Liable for other discontinuance unless notice given.

Excepting as aforesaid, such person shall be liable for all damage or injury caused to any such contributing mine by reason of the discontinuance of his draining operations, unless be gives to the owner of such mine not less than three months’ previous notice in writing of his intention to discontinue such operations.

203 Council may contribute to expenses of draining.

The Council of any county or borough may from time to time contribute out of the County or Borough Fund such sums as it thinks fit towards the expenses incurred by any such person in draining mines within or adjacent to the county or borough.

204 Governor may by regulations fix drainage areas, constitute Drainage Boards, and prescribe their functions, &c.

The Governor may from time to time, as he thinks fit, by regulations or otherwise,—

(1.)

Fix drainage areas;

(2.)

Constitute and appoint for each drainage area one or more Drainage Boards;

(3.)

Prescribe with respect to each such Board its powers and functions, the number of its members, their tenure of office, and the mode of their election or appointment;

(4.)

Prescribe the mode in which and the extent to which such Boards may assess drainage rates on lands within their drainage areas;

(5.)

Prescribe the mode in which such assessment may be appealed against, and the procedure on such appeals;

(6.)

Prescribe the mode in which such rates may be levied, collected, and recovered;

(7.)

Prescribe the mode in which contributions under the last-preceding section hereof may be made, assessed, fixed, and recovered;

(8.)

Prescribe whatever else be deems necessary in order to provide for the effective drainage of mines at the common expense of the holders thereof.

(9.)

Alter or abolish the Thames Drainage Board and drainage area.

205 Thames Drainage Board deemed duly constituted.

Except in so far as may be otherwise provided by the Governor under the last-preceding section hereof, nothing in this Act contained shall be construed to repeal the Order in Council dated the nineteenth day of January, one thousand eight hundred and eighty-six, or the regulations made thereunder, or to prejudicially affect the Thames Drainage Board as constituted or the drainage area as fixed by those regulations, or the powers and functions thereby conferred upon that Board.

As to the Working of Mines, and the Safety of Life and Property therein

206 General rules.

The following general rules shall, so far as practicable, be observed in every mine:—

Ventilation.

(1.)

Ventilation to such extent as is prescribed shall be constantly produced in every mine, to the intent that the shafts, winzes, sumps, levels, and working-places of such mine, and the travelling-roads to and from such working-places, may at all times be in a fit state for working and passing therein; and, in particular,—

(a.)

In every case where quartz or other substances are crushed in a dry state, or where rock - drills are used, there shall at all times be used in and about the battery or place where such crushing or drilling is done such appliances as in the opinion of the Inspector will effectually keep the air pure and prevent the accumulation of dust.

(b.)

For the purpose of insuring full ventilation in underground workings the Inspector may require any level to be connected with the next higher level by an uprise or winze.

Gunpowder and blasting.

(2.)

Gunpowder or other explosive or inflammable substance shall only be used in a mine as hereunder provided, that is to say,—

(a.)

It shall not be stored on the surface of or adjacent to the mine unless in such magazine and in such quantities as may in writing be approved by the Inspector.

(b.)

It shall not be stored in the mine in any quantity exceeding what would be required for use during six working-days for the purpose of the mine; and, whilst so stored, it shall be kept in a drive or chamber separated by a door fixed across such drive or chamber at least thirty feet from any travelling-road.

(c.)

It shall not be taken for use into the workings of the mine except in quantities actually required during the shift, nor except in a securely covered case or canister containing not more than eight pounds of gunpowder, nor more than five pounds of nitro-glycerine compounds.

(d.)

A workman shall not have in use at one time in any one place more than one of such cases or canisters.

(e.)

Detonators for blasting shall be kept stored on the surface of the ground in a covered box placed in the powder-magazine.

(f.)

Not more than one hundred detonators shall be kept for service in any mine at one time, and these shall be kept in a covered box in the drive or chamber set apart for the purpose, and shall be only taken out in such quantities as are required for immediate use. Detonators shall not, on any pretence whatsoever, be placed near any travelling-road, pass, or working-face.

(g.)

No person shall enter with a naked light a powder-magazine, or any excavation in a mine where powder or other explosive or inflammable substance is stored.

(h.)

No iron or steel pricker shall be used in blasting, and no iron or steel tool shall be used in tamping or ramming, and no iron or steel pricker or tamping-bar shall be taken into any mine.

(i.)

The holder of the mine shall provide copper prickers.

(j.)

A charge which has missed fire may be drawn by a copper pricker, but shall not be visited until three hours have elapsed from the time of lighting the fuse of such charge. In no case shall an iron or steel drill be used for the purpose of drawing or drilling out such charge; nor shall any charge be drawn where nitro-glycerine compounds or detonators have been used:

Provided that this paragraph shall not apply to charges fired by an electric current.

(k.)

No person under the age of eighteen years shall be allowed to charge a hole with explosives, or to fire any charge.

(l.)

No drill-hole shall be bored within a distance of three feet directly below or within one foot in any other direction from the site of a previously exploded charge of any nitro-glycerine compound; and no drill-hole shall be bored in any remaining portion of a hole in which a charge of nitro-glycerine compound has been previously exploded.

(m.)

In all cases where the fumes arising from the explosion of any nitro-glycerine compound cannot be effectively dispersed by ventilation or spray of water from the mine, such fumes shall be neutralised or rendered innocuous by the person in charge of the blasting operations by the use of a spray of solution of sulphate of iron before the miners are permitted to return to the sites of such blasting operations.

(n.)

Miners employed in blasting with nitro-glycerine compounds shall be supplied by their employer with the means of thawing such compounds, and with the means of producing sulphate-of-iron spray.

Man-holes in self-acting or engine planes.

(3.)

Every underground plane on which persons travel, and which is self-acting or worked by an engine, windlass, or gin, shall be provided (if exceeding thirty yards in length) with some proper means of signalling between the stopping-places and the ends of the plane, and shall be provided in every case at intervals of not more than twenty yards with sufficient man - holes for places of refuge.

Spaces in horseroads.

(4.)

Every road on which persons travel underground where the produce of the mine in transit exceeds ten tons in any one hour over any part thereof, and where the load is drawn by a horse or other animal, shall be provided at intervals of not more than one hundred yards with sufficient spaces for places of refuge, each of which spaces shall be of sufficient length and of at least three feet in width between the wagons running on the tramroad and the side of the road.

Keeping spaces clear.

(5.)

Every man-hole and space for a place of refuge shall be constantly kept clear, and no person shall place anything in such man-hole or space as to prevent access thereto.

Fencing off entrance to shafts.

(6.)

The top and all entrances between the top and bottom of every working- or pumping-shaft shall be properly and securely fenced or securely covered; but this provision shall not be taken to forbid the temporary removal of any fence or cover for the purpose of repairs or other operations if proper precautions are used.

Abandoned or disused shaft.

(7.)

Every abandoned or disused shaft shall be fenced or securely covered in, and its position indicated on the surface by a post or cairn of stones, or such other permanent distinguishing mark as an Inspector thinks sufficient.

Horizontal bar when fence or cover temporarily removed.

(8.)

When a fence or cover has been temporarily removed from any entrance to a shaft to admit of the performance of ordinary mining operations, a strong horizontal bar shall be securely fixed across such entrance, not less than three nor more than four feet from the floor of the brace chamber or drive, as the case may be.

Securing of shafts.

(9.)

Where in the opinion of the Inspector the natural strata are not safe, every working- or pumping-shaft shall be securely cased, lined, or otherwise made secure; for which purpose an ample supply of sound good timber shall be kept on the ground ready for immediate use.

Protection of drives.

(10.)

Every drive and every excavation of any kind in connection with the working of a mine shall be securely protected and made safe for persons employed therein, and a light shall be kept burning in the chamber of every level whilst any person is working there.

Division of shafts.

(11.)

Where one portion of a shaft is used for the ascent and descent of persons by ladders or a man-engine, and another portion of the same shaft is used for raising material, the first-mentioned portion shall be cased or otherwise securely fenced off separate from the last-mentioned portion.

Signalling.

(12.)

Every working-shaft in which a cage is used, and every division of such shaft in which persons are raised and lowered, and every shaft in which appliances worked by steam or other machinery are used, shall be provided with guides and some proper means of communicating distinct and definite signals from the bottom of the shaft and from every entrance for the time being in work between the top and the bottom of the shaft to the top, and thence to the engine-room, and from the engine-room and top to the bottom of the shaft and to every entrance for the time being in work between the top and the bottom of the shaft; and no verbal signals or communications shall be made up or down a shaft exceeding fifty yards in depth, in which cages are used, except through speaking-tubes or telephones in the pump-compartment of such shaft.

Knowledge of signals.

(13.)

Every person employed in a mine shall make himself acquainted with the system of signals used in such mine, and a line or some other appliance shall be provided in each shaft to admit of danger-signals being communicated to the engine-driver from any portion of such shaft.

Clear view for engine-driver.

(14.)

A clear view shall be kept for the engine-driver between his station and the shaft at the surface-brace.

All modes of signalling to be clear and distinct.

(15.)

All methods of signalling in mines to indicate that men or material are to be raised or lowered in shafts shall be clear and distinct, and shall be posted in a clear and legible form on framed boards, one of which shall be placed at the chamber at the bottom of the workings in the shaft, and the other at the brace at or near the top of the shaft.

Such methods shall be subject to the approval of the Inspector, and shall also be subject to such alterations and amendments as may from time to time be indicated by the Minister on the report of the Inspector.

Signalling along drives in alluvial mines.

(16.)

Whenever any underground work is being performed in alluvial mines at greater distances than two hundred feet from the shafts, proper means shall be provided for communicating along the lower drives of such mines distinct and definite signals to and from the plats at the bottom of the shafts, and to and from all places in which men are at work.

Cover overhead.

(17.)

Every cage shall have a sufficient cover overhead when used for lowering or raising persons in any working-shaft; such cage-cover shall be constructed of iron not less than one quarter of an inch thick, and shall be securely hung on hinges and fitted with sloping sides, so as to be readily lifted upwards by persons within the cage. Wherever practicable, all persons working in shafts shall be protected by means of a roof or other suitable appliance overhead from the fall of material down such shafts.

Regulating descent of persons in cages.

(18.)

The maximum number of persons that may lawfully be lowered or raised in one cage shall not exceed four, or such greater number as the Inspector, having regard to the size and strength of the cage, gear, and machinery, specially authorises by writing under his hand; and no person shall be permitted to get off or on a cage until it has settled on the beams on the surface of the mine, or reached the bottom or level where it is intended to stop.

Materials not to be sent with men.

(19.)

No timber, tools, rails, sprags, or other material, except for repairing the shaft, shall be placed in the same cage in which men are being lowered or raised.

Braces to be covered.

(20.)

Every brace shall be properly covered to protect the workmen from the inclemency of the weather.

Proper ladder or footway.

(21.)

In every shaft in which a whim, whip, or windlass is used, and in every working pit or shaft where no machinery is used, a proper ladder or footway shall be provided, for the use of persons employed therein.

Chains.

(22.)

A single-linked chain shall not be used for lowering or raising persons in any working shaft or plane except in the case of short coupling-chains attached to the cage or load, and in such case two single-linked chains of uniform size shall be used to each coupling.

Ropes and chains to be tested.

(23.)

Before any rope or chain is used in the shaft it shall be tested and proved to be equal to carrying twice the weight of the ordinary load, and in mines where men are lowered or raised in shafts the ropes and chains shall periodically, at intervals of not more than three months, be tested and proved to be equal to carrying twice the weight of the ordinary load.

Slipping of rope on drum.

(24.)

There shall be on the drum of every machine used for lowering or raising persons such flanges or horns, and also, if the drum is conical, such other appliances, as may be sufficient to prevent the rope from slipping.

Brake.

(25.)

There shall be attached to every machine worked by steam, water, electrical, or mechanical power, and used for lowering or raising persons, an adequate brake, and also a proper indicator (in addition to any mark on the rope) to show to the person who works the machine the position of the cage or load in the shaft.

Appliances to prevent sudden fall of cage.

(26.)

Every cage shall be fitted with special and suitable appliances to prevent its sudden fall down a shaft, and also to prevent its coming into contact with the poppet-heads. Before any such cage is first used it shall be tested in the presence of an Inspector, and it shall not be used unless and until be gives a certificate in writing that it is fitted with such appliances as aforesaid, and is in fit working-order.

Spring catches or tumblers to be affixed to skids.

(27.)

Spring catches or automatic or self-acting doors or tumblers of a suitable kind shall be affixed to the skids or guides below the poppet-heads of every shaft in which a cage is used, to prevent the fall of such cage down the shaft when detached from the rope or chain by overwinding or otherwise.

Protection to person descending shaft by rope.

(28.)

In any shaft exceeding twenty feet in depth in which cages are not used, no person shall descend or ascend by the aid of machinery unless, in addition to the use of the loop, crossbar, or other appliance, be is securely stayed to the rope employed for lowering or raising in such shaft by a strap or other fastening passing round the body under the arms, and such method of staying shall be used by every person who finds it necessary, in the execution of his duty, to descend or ascend a shaft on top of the cage-covers.

Inclination of ladders.

(29.)

A ladder permanently used for the ascent or descent of persons shall not be fixed in a vertical or overhanging position, except in shafts used exclusively for pumping, but every such ladder shall be inclined at the most convenient angle which the space in which the ladder is fixed allows; and every ladder, whether vertical, overhanging, or inclined, shall have substantial platforms at intervals of not more than thirty feet, and a suitable fixture for a handgrip shall be placed above such ladder for the use of persons ascending or descending. In no case shall new vertical or overhanging ladders be constructed, either in substitution for old ones or otherwise.

Dressing-rooms.

(30.)

If more than four persons are employed in the mine below ground in one shift, sufficient accommodation shall, if ordered by the Inspector, be provided above ground near the principal entrance of the mine, and not in the engine-house or boiler-house, for enabling the persons employed in the mine to conveniently dry and change their dresses, and in no case shall men be allowed to change their dresses upon a boiler.

Control of steam-engine.

(31.)

No person under the age of twenty-one years shall be placed in charge of or have the control of any steam-engine or boiler.

Absence from machinery in use

(32.)

No person in charge of machinery shall, under any pretext whatever, unless relieved by a competent person for that purpose, absent himself or cease to have continual supervision of such machinery during the time it is in use.

Machinery to be examined.

(33.)

All machinery in which steam, water, electricity, or air, or any two or more of them, are used as motive-power shall be subject to the provisions of “The Inspection of Machinery Act, 1882,” so far as the same shall reasonably apply, and no such machinery, erected or fitted up, shall be employed until it has been examined by an Inspector appointed under that Act, and certified by him to be in proper and fit working condition.

Machinery to be kept in good order.

(34.)

All boilers, compressors, engines, gearing, and all other parts of machinery, when used for any mining purpose, or for the treatment of ores, or for the treatment of the products of any mine, shall be kept in a fit state and condition.

Fencing machinery.

(35.)

Every fly-wheel, and all exposed or dangerous parts of the machinery, and every tramway constructed on an elevated platform other than a tramway worked by ropes, shall be kept securely and safely fenced.

Gauges to boiler and safety-valve.

(36.)

Every steam-boiler shall be provided with a proper steam-gauge and water-gauge, to show respectively the pressure of steam and the height of water in the boiler, and also with a proper safety-valve; and at least once in every six months, or oftener if required, every boiler shall be thoroughly cleansed; and once in every twelve months every such boiler shall be subjected to an hydraulic test, and the date and full description of every such test and cleansing shall be entered in a book to be kept by the mine-manager or other person in charge of the mine, and the entries in such book shall on demand be open to the perusal of any Inspector under this Act or under “The Inspection of Machinery Act, 1882.”

Smoke not to be allowed to escape.

(37.)

The smoke from every boiler for generating steam, and from every furnace used in any part of the underground workings of a mine, shall not be allowed to escape into any part of such workings, nor in any manner other than by means of an air-tight flue conducting such smoke directly from the boiler or furnace into a vertical shaft cut in the rock up to the surface of the ground to the open air, or built up to the surface as aforesaid with bricks and cement, in such manner as to be completely air-tight.

Wilful damage.

(38.)

No person shall wilfully damage, or without proper authority remove or render useless, any fencing, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam-gauge, water-gauge, safety-valve, or other appliance or thing provided in any mine in compliance with this Act.

Abandoned shafts not to be damaged.

(39.)

Except with the consent of the Minister, no person shall, after any shaft or underground workings have become disused for mining purposes, wilfully damage or render useless such shaft or workings by the removal of any fencing, covering, casing, lining, ladder, platform, or other appliance therein.

Boring-rods to be used.

(40.)

In every working in a mine approaching a place likely to contain a dangerous accumulation of water, boring-rods shall be kept and used for the purpose of perforating the ground twenty feet in advance of or near or at any angle from such working, and no drive, gallery, or other excavation shall be made within what, in the opinion of the Inspector, is a dangerous distance of such accumulation of water.

Mines liable to flood to have escape-drives.

(41.)

In every mine which in the opinion of an Inspector is liable to an inundation or inburst of water, such additional rises, chambers, drives, and other workings shall be constructed as are necessary, and as are prescribed by the Minister or the Inspector, in order to insure the escape of workmen from the lower workings or their safety in the mine during the period of any inundation or inburst of water.

Ladders to be provided in each rise.

(42.)

Ladders, and, when necessary, convenient platforms connected therewith, shall be provided in each rise, jump-up, or passage giving access to workings at a higher level in a mine, and a notice shall be posted at the foot of each such rise, jump-up, or passage stating the height of such rise, jump-up, or passage to the chamber or drive above.

Mine-manager to examine safety appliances, buildings, &c.

(43.)

The mine-manager of the mine, or other competent person appointed for such purpose, shall once at least in every twenty-four hours examine the state of all safety appliances or gear connected with the cages, winding-ropes, or shafts, and shall once in each week carefully examine the buildings, machinery, shafts, levels, planes, and all places used in the working of such mine, and shall record in writing, in a book to be kept for that purpose, his opinion as to their condition and safety, and as to any alterations or repairs required to insure greater safety to the persons employed in the working of such mine.

Condemned appliances to be removed.

(44.)

Such book shall, on demand, be open to the inspection and perusal of any Inspector of Mines or Inspector of Machinery; and every such safety appliance or gear, if condemned by any such Inspector, shall be forthwith removed or made fit to his satisfaction.

Books and copy of Act to be kept at mine.

(45.)

Such book, or a copy thereof, and a copy of this Act and of the regulations thereunder, shall be kept at the office at the mine, or, if there is no office,’ at some convenient place near the mine, and any Inspector and any person employed in the mine may at all reasonable times inspect and take copies therefrom or extracts therefrom.

Offence by minemanager.

(46.)

Any mine-manager, or any person in charge of or giving orders or directions relating to the carrying-on of any mining operations in or about a mine, who contravenes or does not comply with any of the general rules in this section commits an offence, unless be proves that he had taken all reasonable means to prevent such contravention or non-compliance.

Copy of this section to be publicly posted.

(47.)

A printed copy of this section shall be posted in the office and on some building or board in a conspicuous place in connection with every mine.

As to Plans and Inspection of Mines

207 Plans of underground workings of mine to be kept.

The owner of every mine where more than twelve men are employed—

(1.)

Shall keep at the office at the mine a full and accurate plan of the underground workings of such mine, made to a scale of not less than one inch to two chains by a duly certificated mine-manager, or a duly qualified mining engineer, or a duly authorised surveyor, and showing the longitudinal sections of such workings on the different lodes and levels; and also

(2.)

Shall at all reasonable times produce such plan to and permit the same to be copied or examined by an Inspector, or by any other person whom any Inspector or Warden authorises in that behalf; and also

(3.)

Shall, whenever requested by such Inspector or other person so to do, accurately mark on such plan the progress of the workings of the mine up to the time of such request, and shall allow such Inspector or person to examine and take a copy or tracing thereof; and also

(4.)

Shall forward to the Inspector, once in every six months, a copy or tracing of such plan, with the workings of the mine up to one month previously marked accurately thereon.

208 Penalty if in default, or plan incorrect.

(1.)

If default is made in duly keeping or producing or marking or forwarding such plan as aforesaid, the Inspector may, by notice in writing delivered at the office of the mine or otherwise (whether a penalty for such default has or has not been inflicted), require the owner to cause such plan to be made, produced, marked, or forwarded, as the case may be, to him within a reasonable time, and it shall be the duty of such owner to comply with such request at his own expense.

(2.)

If default is made in duly complying with such request, or if the Inspector has reason to think that any plan produced or forwarded to him is incorrect, he shall report the fact to the Minister, who, if he thinks fit, may cause a check-survey to be made; and unless the plan produced or forwarded as aforesaid proves to be correct in every material respect, the owner shall be liable to pay all costs and charges for making such check-survey, or in connection therewith, and such costs and charges may be recovered as a debt due to the Crown.

209 Further plans to be kept in mines liable to be flooded.

If in the opinion of the Minister any mine contains or is likely at any time to contain dangerous accumulations of water, the following provisions shall apply:—

(1.)

The Minister may, by notice in writing addressed in general terms to the person in charge of such mine, and delivered at the mine, order that an accurate plan and sections of the shafts, drives, levels, and all other underground workings of such mine be made by the owner to such scale as aforesaid, and a copy or tracing thereof deposited by him in the office of the Warden nearest to such mine within one month from the date of such order, or such extended time as in special circumstances the Warden may authorise.

(2.)

It shall be the duty of the owner and mine-manager of such mine to duly comply with such order, and also with the succeeding provisions of this section.

(3.)

All additions of any kind to the underground workings of such mine made after the date of such order shall, at intervals of not more than two months, be correctly marked upon the original plan and sections, and also upon the copy or tracing deposited at the Warden’s office.

(4.)

Any person, with the sanction in writing of the Minister or the Warden, shall be allowed at any time to inspect the deposited copy or tracing of such plan and sections; and any Inspector under this Act shall be permitted at any time to examine the plan and sections of the underground workings of the mine.

210 Provision for protecting mines at Thames from flooding.

In order to prevent damage being done to the mining industry on the Thames Goldfield by the flooding of claims with water consequent on the reckless prosecution of mining operations seawards, the following provisions shall apply:—

(1.)

It shall not be lawful for any person to in any way carry on mining operations under the sea on the Thames Goldfield, or, in carrying on mining operations, to in any way cut into what is known as “the seaward slide,” between Shell-back Creek and the Kauaeranga River, on the Thames Goldfield, unless in each instance before beginning such operations be submits to the Inspector a plan thereof, and obtains his consent thereto in writing.

(2.)

Such consent may be given on such terms and conditions as the Inspector thinks fit to impose, and shall be deemed to be subject to the special condition that he may withdraw such consent at any stage of such operations.

(3.)

It shall be the duty of the Inspector to withdraw such consent whenever, in his opinion, the further prosecution of any such operations may lead to an influx of water, whether from the sea or otherwise.

(4.)

If the Inspector is at any time of opinion that any person’s mining operations are being prosecuted so near to the said slide as to be likely to lead to an influx of water, whether from the sea or otherwise, he may, by notice in writing, require such person to stop such operations, and it shall be the duty of such person to forthwith stop the same accordingly.

(5.)

If any person carries on such operations without such consent, or in breach of any of the terms or conditions subject to which such consent was given, or continues to prosecute any such operations after the withdrawal of such consent or after receiving notice from the Inspector to stop the same, be commits an offence, and is liable to a penalty not exceeding five hundred pounds, and is also civilly liable for all damage done to any person’s claim by the influx of water consequent on the committal of such offence.

211 Inspector to give notice of dangerous or defective matters not provided for.

In any case where any Inspector finds any mine or any part thereof, or any machine, plant, matter, thing, or practice in or connected therewith, to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, and the case is not elsewhere sufficiently provided for by any express provision of this Act, the following special provisions shall apply:—

(1.)

The Inspector shall, by requisition in writing addressed in general terms to the person in charge of the mine, and delivered at the mine, report to the owner thereof the nature of such danger or defect, together with his reason for holding that the same exists, and require that the matter complained of be forthwith remedied. He shall also report the same to the Minister and to the Warden.

Objections.

(2.)

If the owner objects to comply with such requisition he may, within seven days after the delivery thereof as aforesaid, send his objections in writing, stating the grounds of his objections, to the Warden, and shall also send a copy of the same to the Inspector, who shall report on the same to the Warden, and thereupon the matter shall be determined by arbitration in the prescribed manner.

(3.)

For the purposes of such arbitration the date of the receipt by the Warden of such objection shall be deemed to be the date of the reference.

(4.)

If the owner fails to comply with the requisition, or, in the event of objection and arbitration, with the award made on arbitration, and such failure continues for fourteen days after the expiration of the time for objection or the date of the award, as the case may be, be commits an offence, and the requisition or award, as the case may be, shall be deemed to be written notice of such offence.

(5.)

In any proceedings for a penalty in respect of such offence, the Court, if satisfied that the owner has taken active measures for complying with the requisition or award, but has not with reasonable diligence been able to complete the works, may adjourn such proceedings, and if the works are completed within a reasonable time no penalty shall be inflicted.

(6.)

No person shall be deemed to be precluded by any contract or agreement from doing such acts as may be necessary to comply with any of the provisions of this section, or be liable under any contract or agreement to any penalty or forfeiture for doing such acts.

212 Employés to report unsafe appliances or dangerous matters.

For the purpose of preventing accidents in mines the following provisions shall apply: —

(1.)

Every person employed in or about any mine shall before commencing work and whilst at work satisfy himself of the safety of any tubs, chains, tackle, windlass, ropes, or other appliances he may have to use, and shall refrain from using anything which is unsafe.

(2.)

Every such person who witnesses or becomes aware of any matter which may be likely to produce danger of any kind in the mine shall forthwith notify the same to the person (if any) under whose immediate directions or control he may be; or, if there is no such person, then to the person in charge of the mine.

(3.)

Every person in sub-charge of and employed in mining operations in any part of the mine shall, on changing his shift, inform the person appointed to relieve him of the state of the workings in the part of the mine in which he has been employed.

213 Inspector to make inquiry into complaints.

Immediately upon any person employed in a mine making a complaint under this Part of this Act to any Inspector, it shall be the duty of such Inspector to make inquiry into the matter of such complaint, and to take such other steps as he deems necessary to investigate the same, and the name of the informant shall not be divulged by the Inspector.

As to Accidents in Mines

214 What is an offence against Act.

Every person who, by himself, his agent or servant, is guilty of negligence by which any person is injured or killed commits an offence.

215 Certificates may be cancelled for negligence.

If the mine-manager, battery superintendent, or engine-driver of a mine is shown to have been guilty of negligence, then, in addition to any penalty incurred under the last-preceding section hereof, the Minister may either cancel his certificate or suspend it for such time as he thinks fit.

216 Presumption of negligence of owner.

The occurrence of any accident in a mine shall be prima facie evidence that such accident occurred through some negligence on the part of the owner thereof.

217 Employer to compensate employés injured through non-observance of Act.

If any person employed in or about any mine is injured or killed, whether owing in any way to the non-observance in such mine by other than himself of any of the provisions of this Part of this Act, or owing in any way to the negligence of the owner of such mine, his agents or servants, the following provisions shall apply:—

(1.)

Such person, in case of his injury, or his personal representatives in case of his death, may, by suit in the Warden’s Court, recover from such owner compensation by way of damages for such injury or death.

(2.)

The amount of such compensation, with the costs of recovering the same, when determined, shall constitute a charge on the mine in or about which such person was so employed, and all charges arising under the provisions of this section shall as between themselves rank and be paid rateably.

(3.)

Such compensation may be recovered under the provisions of “The Deaths by Accident Compensation Act, 1880,” or “The Employers’ Liability Act, 1882,” and those provisions shall, mutatis mutandis, apply according to the circumstances of each particular case:

Provided that notice of injury having been sustained may be given under the last-mentioned Act at any time within three months from the occurrence of the accident causing the injury, instead of within six weeks as in that Act mentioned.

(4.)

Nothing in this section contained shall take away from any person any right to take proceedings in respect of a claim for compensation for injury or death by accident which he may have under any other Act than this, if he prefer to proceed under such Act, but in such case he shall forfeit any right he may have to take proceedings under this section.

(5.)

It shall be a sufficient defence to any claim for compensation in respect of any person’s injury or death if the defendant satisfies the Court that such injury or death was solely due to such person’s own negligence.

218 When accident occurs mine not to be interfered with.

In every case where an accident occurs in a mine the following provisions shall apply:—

(1.)

Except for the sole purpose of saving life, or preventing further injury, no portion of the mine shall be interfered with after such accident until inspected by the Coroner’s jury or the Inspector, or some other person appointed by the Minister.

Notice.

(2.)

If any person is seriously injured, the mine-manager shall forthwith give a written notice thereof to the Inspector, and a telegraphic notice thereof to the Minister and the Warden.

Report.

(3.)

The Warden, or, in his absence, the Registrar or Clerk, may appoint some competent person, in the absence of the Inspector, to examine the place where such accident occurred, and to report to him on the state and condition of such mine.

(4.)

A copy of such report shall be forwarded forthwith to the Minister; and any examination of a mine made as in this section prescribed shall be deemed to be an examination made by an Inspector.

219 Coroners’ inquests on deaths from accidents in mines

With respect to every Coroner’s inquest on the body of any person whose death may have been caused by any accident in a mine the following provisions shall apply:—

(1.)

No person having a personal interest in or employed in or in the management of the mine in which the accident occurred shall be qualified to serve on the jury empanelled on the inquest.

(2.)

It shall be the duty of the constable or other officer summoning the jury not to summon any person disqualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or sit on the jury.

(3.)

Whenever practicable, one-half of the jurymen shall be miners.

General Provisions as to Inspection

220 Inspectors to inspect mines and see Act carried out.

Without in any way affecting any of the specific provisions hereinbefore contained, it is hereby declared as follows:—

Powers hereunder.

(1.)

It shall be the duty of the Inspector generally to see that the provisions of this Act are complied with, and from time to time to visit and inspect mines and all machinery used therein other than steam-engines and boilers; and, for the purpose of enabling him to more effectually perform his duties and functions under this Act, he shall have all the powers of an Inspector of Machinery under “The Inspection of Machinery Act, 1882,” and that Act shall be construed accordingly.

(2.)

In the performance of his duties and functions under this Act, the Inspector, or any person appointed by him in writing, shall at all convenient times have full and free access to any such mine or machinery, and may use all convenient means and appliances belonging thereto or connected therewith; and it shall be the duty of the owner of such mine or machinery, and all persons in any way employed in or about the same, to afford such assistance as is reasonably required for facilitating such inspection.

(3.)

Every person commits an offence who refuses to permit the use of such means and appliances, or to render such assistance, or who obstructs the Inspector or the person so appointed by him as aforesaid in making any such visit or inspection.

(4.)

All costs incurred by the Inspector, or which may be awarded against him in any proceedings under this Act, shall be charged upon and be paid out of the goldfields revenue receivable in the district in which the subject - matter of the proceedings is situate or arises, to whomsoever such revenue may be payable; and in no case shall the Inspector be personally liable for such costs.

(5.)

The Minister may from time to time empower any Government Geologist, or other officer of the Mines Department, to enter and inspect any mine, and every such officer whilst so empowered shall have all the authority of an Inspector.

221 Powers of Inspectors of Machinery not affected.

Nothing in this Act contained shall be deemed to abridge any of the provisions of “The Inspection of Machinery Act, 1882,” or any of the duties, functions, or powers of Inspectors under that Act in relation to the inspection in mines of machinery and boilers which are subject to the operation of that Act.

222 Right of shareholder to enter mine and inspect workings.

(1.)

Any person owning any share or interest in any mine, or in any mining company owning or working any mine, shall be entitled at any time between the hours of noon and one o’clock in the afternoon of any working-day to enter such mine, with or without an expert, and to inspect the same and all the workings and mining operations therein, and for such purpose the said person and expert shall have at all times free ingress, egress, and regress in respect of such mine.

(2.)

Every manager of a mine or director or manager of any company as aforesaid commits an offence if in any way directly or indirectly be prevents, obstructs, or delays any person or expert as aforesaid from exercising the rights conferred upon him by this section.

As to Penalties

223 Penalty for offences.

Every person who in any way contravenes or fails to duly comply with any of the provisions of this Part of the Act commits an offence, and is liable—

(1.)

To a penalty not exceeding fifty pounds if he is convicted in the capacity of owner of any mine, or mine-manager, underground manager, battery superintendent, or person in charge of or giving orders or directions relating to the carrying-on of any mining operations in any mine, and the burden of proving that he does not hold that capacity shall rest upon him; and

(2.)

To a penalty not exceeding ten pounds if he is convicted in any other capacity than as aforesaid.

224 Payment of penalty to person injured.

If such penalty is in respect of an offence by reason whereof any person is injured or killed, the whole or any part of such penalty may by the convicting Court be awarded to such person, or, as the case may be, to his personal representatives, and such award shall be in addition to any right of action such person or personal representatives may have under this Part of this Act or otherwise.

Part VI REGISTRATION OF APPLIANCES AND PROCESSES FOR TREATING ORES AND METALS

225 Interpretation.

In this Part of this Act, if not inconsistent with the context,—

“Licensee” means the person to whom, as owner or pro prietor of any machine, a license is issued, and includes also a battery superintendent and any other person who for the time being is in charge of any such machine:

“Machine” means and includes every mechanical, chemical, or other process or appliance of whatsoever nature or kind, and howsoever worked or applied, which is used in “treating” any metal, meaning thereby in extracting any metal from any ore, or in submitting any ore to any process for the purpose of extracting any metal therefrom, or in submitting any metal to any process for the purpose of retorting or refining it after its extraction:

“Machine premises” means and includes the ground, buildings, and premises on or in connection with which any machine is used or intended to be used for the purpose of treating any metal:

“Ore” means and includes any earth, clay, quartz, mineral or other substance containing or having mixed therewith any metal:

“Metal” includes all metals and minerals except what is commonly known as “alluvial gold.”

226 Register of machines, and license to work same.

Any person who as owner or proprietor of any machine desires to work the same for the purpose of treating any metal may in the prescribed manner register such machine with the Registrar of the district wherein the machine premises are situate, and obtain from the Registrar a license to work the same; and with respect to every such license the following provisions shall apply:—

(1.)

The license shall be in the prescribed form, and whilst in force shall entitle the person named therein, by himself or his workmen, to work the machine specified therein on the machine premises specified therein for the purpose of treating any metal for himself or any other person.

(2.)

The license shall continue in force until the thirty-first day of December next ensuing after the issue thereof, and may thereafter be renewed annually in such manner and subject to such conditions as are prescribed.

(3.)

A fee of one shilling shall be payable on the issue of the license, and on each annual renewal thereof.

(4.)

The license may comprise more machines than one, provided they are all situate in the same machine premises.

227 Penalty for having unregistered machine.

If an unregistered machine is found on any machine premises, every person owning or having any interest in such machine or premises, or being in charge of such machine, is liable to a penalty not exceeding fifty pounds.

228 Metals to be treated by registered machine, worked by licensee.

With respect to the treatment of metals by machines the following provisions shall apply:—

(1.)

No metal shall be treated by means of an unregistered machine.

(2.)

No metal shall be treated by means of a registered machine unless the same is worked at the machine premises specified in his license, and by the licensee or his workmen or some other person authorised by him.

(3.)

If any person treats any metal or delivers any ore or metal for treatment in breach of this section be is liable to a penalty not exceeding one hundred pounds.

229 Rules as to register, account, and returns of all ore and metals treated.

With respect to every registered machine and the licensee thereof the following provisions shall apply:—

(1.)

Every licensee shall at all times keep a book called a “Machine Register-book,” wherein he shall enter from day to day true and correct accounts of all ore or metal received for treatment by his machine, and of the result of such treatment, together with such other particulars as are prescribed.

(2.)

Such Register-book shall be in the prescribed form.

(3.)

Each entry therein of ore or metal received for treatment shall be made forthwith upon receipt thereof, and each entry therein of the result of the treatment of any ore or metal shall be made forthwith upon such result being ascertained.

(4.)

If any licensee neglects or delays to keep such book or to make any entry therein forthwith as aforesaid be is liable to a penalty not exceeding five pounds.

(5.)

If any licensee wilfully omits any entry from his Machine Register-book, or knowingly makes any false entry therein, be is liable to a penalty not exceeding two hundred pounds, and on a second conviction his license may also be cancelled.

(6.)

Every person who delivers any ore or metal to a licensee for treatment by his machine shall at the same time furnish to such licensee a true account of the respective names and addresses of himself and of the owner of such ore or metal, and also of the mine or locality from -which the same was obtained.

(7.)

Every person who sells to any bank or other buyer the gold extracted or treated by any machine shall at the same time furnish to such buyer a true account of his own name and address as seller, and of such machine.

(8.)

If any such person refuses to or neglects to furnish any such account, or furnishes any account which is wilfully false in any particular, be is liable to a penalty not exceeding one hundred pounds.

(9.)

In any case where any ore or metal is delivered as aforesaid without such account, or with an account which the licensee, or buyer believes to be false, he shall impound and detain such ore or metal until a true account is furnished, and forthwith inform the police of such impounding and detention.

(10.)

If any licensee or buyer fails or neglects to faithfully perform any of the provisions of the last-preceding subsection hereof be is liable to a penalty not exceeding fifty pounds.

(11.)

Every licensee shall, before the expiration of the fifth day of each month, furnish to the Inspector a true and correct return in the prescribed form, made up to the end of the then last-preceding month, and showing particulars of all ore or metal received and treated during such month, the result of such treatment, and the quantity remaining untreated at the end of the month.

(12.)

If any licensee fails or neglects to duly furnish such return be is liable to a penalty not exceeding five pounds for every day during which such failure or neglect continues.

(13.)

If to the knowledge of the licensee such return is untrue or incomplete in any particular be is liable to a penalty not exceeding one hundred pounds, and on a second conviction his license may also be cancelled.

(14.)

The Inspector may, in his discretion, require any such return to be verified by the statutory declaration of the person by whom the return was made; and if such person fails or neglects to duly make such declaration when requested so to do be is liable to a penalty not exceeding five pounds.

(15.)

The Inspector shall at all times have full and free access to every machine premises, and every machine thereon, and also to every license and Machine Register-book, for the purpose of inspecting the same.

(16.)

He may also make extracts from such Register-book, and with the Warden’s authority in writing may seize and remove such Register-book.

(17.)

Every person who delays or refuses to produce any such license or Register-book to the Inspector when requested so to do is liable to a penalty not exceeding twenty pounds for the first offence, and not exceeding fifty pounds for every subsequent offence.

230 Machines for analytical and other scientific purposes excepted.

(1.)

The provisions of the last-preceding section hereof shall not apply in the case of any machine which is to be used only for analytical or other scientific purposes; but in such case the Registrar, when registering such machine and issuing the license, shall note in the register and on the face of the license a memorandum that the machine is to be used only for analytical or other scientific purposes, and such memorandum shall be conclusive evidence of the matters stated therein.

(2.)

If any such machine is used for other than analytical or scientific purposes the licensee is liable to a penalty not exceeding one hundred pounds, and the license may also be cancelled.

231 Inspector to institute proceedings.

All proceedings for any penalty under this Part of this Act shall be instituted by an Inspector.

Part VII COMPENSATION

232 Mode of determining claims for compensation.

(1.)

Subject to the provisions hereinbefore contained, all claims against Her Majesty for compensation in respect of any matter for which such compensation is expressly provided by this Act, whether for the value of improvements, the taking of land, the injury to land, or to riparian rights or otherwise, shall be made in the manner provided in Part III. of “The Public Works Act, 1894,” and the Second and Third Schedules thereto, as modified by this Act; which said Part III. and the said Schedules shall be deemed to be incorporated with this Act, but for the purposes of such incorporation shall be read and construed subject to the provisions of this Act.

(2.)

The word “Minister” in the said Part III. shall for the purposes of this Act mean the Minister of Mines, and not the Minister for Public Works.

233 Court before which claims to be heard.

(1.)

If any such claim for compensation is not settled by agreement between the claimant and the Minister, the same shall be heard and determined by a Judge of the Supreme Court if it exceeds two hundred and fifty pounds, and by the Magistrate exercising jurisdiction in the locality where the claim arose if it does not exceed two hundred and fifty pounds:

Delegation of Judge’s powers.

Provided that, on application in this behalf by either of the parties, the functions by this subsection conferred upon the Judge of the Supreme Court may by him be delegated to a Judge of the District Court.

(2.)

Subject to the provisions of the said Part III. relating to Assessors, the Judge or Magistrate, as the case may be, shall be deemed to be a Compensation Court thereunder.

(3.)

In every such claim the Minister shall be the respondent.

234 Form of claims, and time within which same to be served.

Every claim for compensation shall be made in writing, addressed to the Minister, and, except where by this Act otherwise provided, shall be served on him within the period of twelve months from the date when the same arose, or within such extended period as a Judge of the Supreme Court by order may allow; and for the purposes of such order the following provisions shall apply:—

(1.)

The application for such order shall be made by motion on behalf of the claimant, and such motion shall be served on the respondent before the expiration of the said period of twelve months.

(2.)

The order shall not be made unless the Judge is satisfied that in consequence of the death of the claimant, or his absence from the colony, or other sufficient cause not imputable to his negligence, reasonable opportunity of making or serving the claim within the said period has not been afforded.

(3.)

If satisfied as aforesaid, the Judge may by order extend the said period for such further time, not exceeding six months, and upon such terms and conditions, as he deems just.

235 Claims not so served to be disallowed.

No claim for compensation shall be allowed unless it is made and served in the manner and within the period or extended period prescribed by this Act.

236 Settlement of claim where Public Trustee is owner.

In any case where the Public Trustee is the owner or has the administration and control of any land in respect of which any claim for compensation arises under this Act, he may make any such agreement with the Minister as to compensation, or the value of any land affected, taken, or injured, as the Public Trustee thinks reasonable, and every such agreement shall be binding on every person or interest represented by him.

237 How compensation to be paid.

The compensation payable by Her Majesty in respect of any claim for compensation under this Act shall be paid by the Colonial Treasurer out of moneys to be appropriated by Parliament for that purpose, and shall be charged upon and deducted from the goldfields revenue derived from the mining district wherein the claim arose, until out of such revenue all moneys paid in respect of such compensation and costs have been fully recouped to the Treasury:

Provided that if such mining district embraces the districts of two or more local authorities entitled to such revenue, then such charge and deduction shall be apportioned between them as the Minister thinks just:

Provided further that in special cases, and on the recommendation of the Minister, one moiety only, or no portion whatsoever, of the moneys paid in respect of such compensation shall be so charged and deducted as aforesaid.

238 Compensation only payable in cases provided for.

Subject to the provisions of the next succeeding section hereof, compensation shall in no case be payable in respect of the auriferous or argentiferous value of any land to which the claim for compensation relates; and no person shall have any right or claim to compensation against Her Majesty in respect of any matter arising under this Act except in cases for which compensation is expressly provided by this Act.

239 Compensation for auriferous or argentiferous value of land if title to deposits established.

Whereas it has been suggested that in some cases the owner or occupier of land may, as against Her Majesty, be entitled in law to the deposits of gold and silver on or in such land, and it is just that in any such case his claim to compensation in respect thereof should not be prejudicially affected by any of the provisions of this Act: Be it therefore enacted as follows:—

(1.)

If any such person establishes his title as aforesaid to such deposits by judgment of the Supreme Court or on appeal, then, in the event of such land being resumed for mining purposes, the compensation payable to him in respect thereof shall include the auriferous and argentiferous value of the land, anything in this Act to the contrary notwithstanding:

Provided the proceedings to establish such title as aforesaid are commenced either before the gazetting of the Proclamation declaring the lands to be taken on behalf of Her Majesty, or not later than six months thereafter.

(2.)

Nothing hereinbefore contained shall be construed to in any way create or recognise the existence of any right or title of any nature or kind whatsoever to such deposits as aforesaid in any person as against Her Majesty.

240 Notice that claims settled or barred.

A notification, signed by the Minister and published in the Gazette, that any claim for compensation under this Act has been settled, and that all further claims and remedies in respect of the land or matter specified in such notification are barred, shall be conclusive evidence of all matters mentioned therein.

241 Regulations as to claims for compensation.

The Governor may from time to time make regulations,—

(1.)

For the production of all instruments of title to any land to which any claim for compensation under this Act relates;

(2.)

For recording thereon the fact of any such claim having been duly settled under this Act;

(3.)

For the registration of such record under any Act providing for the registration of deeds or instruments affecting title to land;

(4.)

For any other purposes be deems necessary in order to give full effect to the provisions of this Act relating to claims for compensation and the disposal thereof.

Part VIII MINING PARTNERSHIPS

242 This Part of Act not to apply to mining companies.

This Part of this Act shall not apply to any company or association incorporated or registered under any charter granted by the Crown, or under any Act of the Imperial Parliament or of the General Assembly, nor to any business carried on by virtue of a business-site license under this Act or a business license under any former Mining Act.

243 What constitutes a mining partnership.

(1.)

Whenever two or more persons acquire any mining privilege, or engage in lawfully working or using it, or jointly employ others to do so for them, a mining partnership shall be deemed to exist between such persons in respect of such mining privilege, whether there is or is not any express agreement to become partners.

(2.)

A mortgagee in possession shall be deemed to be a partner.

244 Partnership property.

Every mining privilege owned by partners in mining, or worked or used by or for them, whether purchased with partnership funds or not, shall be deemed to be partnership property.

245 Proportionateshares of profits and losses.

A member of a mining partnership shall share in the profits and losses thereof in the proportion which his share or interest in the partnership mining privilege bears to the whole of the shares or interests therein.

246 Lien of member or partnership debts paid by him.

Each member of a mining partnership shall be deemed to have, as against every other member, a lien on the partnership property for all partnership debts paid by him, and for money advanced by him for its use; and such lien may in the prescribed manner be registered, enforced, and discharged:

Provided that such registered lien shall be subject to review by the Warden on the application of any person aggrieved, and for that purpose the Warden may by order confirm or cancel the registration or amend the lien in such respect as he deems equitable.

247 Purchaser becomes partner from date of purchase.

A partner’s interest in the mining partnership may be sold or assigned without dissolving the partnership, and without the consent of the other members, and from the date of such sale or assignment the purchaser or assignee shall be deemed to be a member of the partnership:

Provided that he shall be deemed to take such interest subject; all such liens existing in favour of the partners as are registered, but not further.

248 Decision of majority binding as to business.

The decision of the members owning a majority of the shares or interests in a mining partnership shall bind it in the conduct of its business.

249 Grounds for dissolution.

It shall be a ground for dissolution of a mining partnership if any member,—

(1.)

Where it is his duty to pay or satisfy any assessment of the partnership liabilities, neglects or refuses so to do for thirty days after being personally served with notice so to do from any other member; or

(2.)

Neglects, when notified in writing by any other partner so to do, to perform any labour or discharge any liability which it is his duty to perform or discharge, or to represent his share or interest in any partnership mining privilege.

250 Partners may sue to be put in possession of unrepresented share.

In any case where any member of a mining partnership whose duty it is to occupy or represent his interest or share in any partnership mining privilege fails or neglects so to do for thirty days at any one time, the other members may institute proceedings in the Court to be put in possession of such share or interest as though such member had never been a partner, and the Court may decree accordingly, or make such other order as it deems equitable.

251 Wages-man may be put on for unrepresented share.

If at any time any interest or share in any partnership mining privilege is unrepresented for forty-eight hours, and such non-representation prevents the proper and profitable working or use thereof, the following provisions shall apply:—

(1.)

Any member of such partnership, or any person in charge of such mining privilege, may employ any person or persons at current rate of wages to represent and work such share or interest.

(2.)

Every person so employed shall have a lien for his wages upon such share or interest.

(3.)

Any such member or person in charge as aforesaid may out of any profits accruing to such share or interest pay such wages.

(4.)

In case there are no such profits, or the profits are insufficient to pay such wages, such member or person in charge may himself pay the same, and, to the extent of the moneys so paid, shall have a lien on such share or interest.

(5.)

Where practicable, the member or person in charge who employs any person as aforesaid shall, within seven days thereafter, give notice in writing thereof to the absent member or his agent.

(6.)

Any such lien for wages may be registered, enforced, and discharged under and subject to the provisions hereinbefore provided in the case of members of a mining partnership.

252 Partnership suits.

Whenever in any suit for the dissolution of a mining partnership the Court might order a sale of the partnership property but does not deem it expedient so to do, the following provisions shall apply, with the view of avoiding the necessity of such sale:—

(1.)

The Court may cause the accounts of the partnership to be taken, and the share and interest of each partner to be valued; and may authorise any one partner to buy out any other at the price ascertained by such valuation.

(2.)

If the buying and selling partners cannot be determined by agreement between themselves, the Court may, as between such of the partners as are willing to buy, determine by lot who shall buy, and from whom.

(3.)

The Court may direct all proper persons to execute such instruments and do such things as it deems necessary for the purpose of fully effectuating every such sale and purchase.

Part IX ADMINISTRATION OF JUSTICE

As to the Warden’s Court

253 Sittings of Court, and seal.

With respect to the Warden’s Court the following provisions shall apply:—

(1.)

The Court may be held at such times and in such convenient places, whether within or outside its district, as the Warden thereof from time to time appoints.

(2.)

The Court may be held before a single Warden, although more Wardens than one are appointed for the district.

(3.)

In the absence for any reason of the Warden usually presiding in a Court, any other Warden may preside in his place and otherwise act in his stead, and the fact of any Warden so presiding or acting shall be conclusive evidence of his authority so to do.

(4.)

Every power, authority, function, or discretion by the Act vested in a Warden’s Court may be exercised by the Warden.

(5.)

For every Court there shall be a seal, a facsimile whereof shall be kept by the Clerk at every place where the Court is held.

(6.)

All summonses, warrants, orders, and other process issued out of the Court shall be signed by the Warden or the Clerk, and be sealed with the seal of the Court. If the seal cannot conveniently be affixed before such issue it may be affixed afterwards.

Jurisdiction of the Court

254 Matters in respect of which Warden’s Court to have jurisdiction.

The Warden’s Court shall have jurisdiction to hear and determine all such actions, suits, and other proceedings cognisable by Courts of civil or criminal jurisdiction as arise within the district concerning the following matters, that is to say:—

(1.)

Area, dimensions, and boundaries of mining privileges;

(2.)

Forfeiture of mining privileges, or of surplus ground;

(3.)

Title to and ownership or possession of mining privileges or the products of mining operations;

(4.)

Questions or disputes relating to water or water-rights;

(5.)

Encroachment upon, infringement of, or injuries to mining privileges;

(6.)

Specific performance of contracts relating to mining privileges or operations;

(7.)

Transfers and other dispositions of mining privileges;

(8.)

Trusts relating to mining privileges or operations;

(9.)

Mining partnerships, the formation and dissolution thereof, the taking of accounts connected therewith, and the determination of all questions arising between the partners;

(10.)

Encroachment upon or injury to land by reason of mining operations, whether held under the provisions of this Act or otherwise howsoever;

(11.)

Breaches of this Act or of the regulations thereunder punishable by summary conviction;

(12.)

Encroachments upon, injuries to, and the determination of all questions concerning roads, tramways, railroads, or fences, constructed, held, or occupied under this Act or any former Mining Act;

(13.)

And generally concerning all contracts, torts, questions, or disputes of any kind relating to mining privileges or operations, or to any matter in respect whereof jurisdiction is elsewhere by this Act conferred upon the Court or the Warden, whether the parties thereto are or are not engaged in mining operations:

(14.)

All such matters as aforesaid, or matters corresponding thereto, arising in respect of leases, licenses, and coal-mining operations under “The Coal-mines Act, 1891,” within a mining district.

255 Recovery of penalties.

Wherever by this Act, or the regulations thereunder, a penalty is imposed for any breach thereof (not being a penalty in lieu of the forfeiture of a mining privilege), the proceedings for the recovery of such penalty shall be taken in a summary way in the Warden’s Court before the Warden alone, and according to the provisions of “The Justices of the Peace Act, 1882,” relating to summary proceedings, which provisions (other than those relating to appeals) shall, mutatis mutandis, apply in like manner as if the Warden were sitting as a Justice under that Act.

As to Assessors

256 List of resident miners to be compiled.

During the first fourteen days of the months of January and July in each year the Clerk of each Warden’s Court in each district shall for each place where such Court is usually held make a list of the names, occupations, and addresses of fifty reputable persons, or as near fifty as may be, each of whom is or has been engaged in gold-mining operations, and resides within twenty miles of such place.

257 To be Assessors’ roll.

Each such list shall be the Assessors’ roll for such district, and shall continue in force until the next roll is duly made.

258 Assessors to be taken from roll.

From the Assessors’ roll for the time being in force nearest to each place where the Court is usually held shall be taken the names of the Assessors before whom any civil trial in that Court is to be had, as hereinafter provided.

As to Parties, Proceedings, and Mode of Trial

259 Persons over fourteen may sue and be sued.

Any person not under the age of fourteen years may sue and be sued in the Warden’s Court in its civil jurisdiction in the same manner in all respects as if he were of the full age of twenty-one years:

Provided that, except where otherwise provided by this Act, no person shall be entitled to commence a suit unless be is the holder of a miner’s right or of a license for any mining privilege.

260 Mode of commencing action.

Except where otherwise prescribed, every action, suit, or other proceeding in the Warden’s Court in its civil jurisdiction shall be commenced by statement of claim in the prescribed form, and such claim shall be tried either before the Warden alone or before the Warden and a jury of five Assessors.

261 When complaint to be tried by Warden and Assessors.

A statement of claim may be tried by the Warden and Assessors—

(1.)

If the relief claimed or the value of the property involved in the claim exceeds fifty pounds, and any of the parties thereto, by memorandum in the prescribed form filed in the Court not later than seventy-two hours before the time appointed for the trial, demands that it be so tried; or

(2.)

If on the application of any of the parties to the claim the Warden orders that it be so tried; or

(3.)

If in the absence of any such application the Warden is of opinion that the claim can be more conveniently so tried, and makes order accordingly.

262 Otherwise before Warden alone.

Except as aforesaid, every statement of claim in the Warden’s Court shall be heard and tried before the Warden alone.

263 Provisions as to ballot for Assessors, their fees and expenses, challenges to, and their powers in Court.

With respect to statements of claim to be tried before the Warden and five Assessors the following provisions shall apply:—

(1.)

As soon as conveniently may be after the Assessors are duly demanded by any party, or ordered by the Warden, the Clerk shall place in a ballot-box as many equally sized and shaped pieces of paper as there are Assessors on the roll, each paper bearing the name, occupation, and address of an Assessor, and no two papers bearing the name of the same Assessor, and shall then and there, in the presence of any of the parties, or of any Justice of the Peace, draw out of the ballot-box ten of the papers, one after the other.

(2.)

The Clerk shall then summon the Assessors whose names appear on the said ten papers to attend at the time and place appointed for the trial:

Provided that before summoning them the sum of eight pounds in respect of Assessors’ fees and expenses shall be paid to him by the party who in the first instance is liable therefor, being the party demanding the Assessors, or, if they are ordered by the Warden, then the party named in such order.

(3.)

Each Assessor who attends on his summons but does not, sit on the trial shall, in respect of such attendance, be entitled to a fee of eight shillings, and also to his reasonable travelling-expenses, to be fixed by the Warden, not exceeding one shilling for every mile beyond two miles of distance (counted one way) between his place of residence and the place of trial.

(4.)

Each Assessor who sits on the trial shall for the first day be entitled to a fee of ten shillings in respect of such day’s sitting, and also to his reasonable travelling expenses, ascertained as aforesaid.

(5.)

As often as the trial is adjourned to a future day the party liable as aforesaid shall, before the commencement of each such day’s proceedings, pay to the Clerk such further sum as is required in order to provide a fee of ten shillings for each Assessor, and each Assessor shall be entitled to such fee accordingly.

(6.)

The Assessors’ fees and expenses shall be costs in the cause, and shall be ultimately payable by such party as the Warden on the conclusion of the trial directs.

(7.)

Before the Assessors are sworn, either party may challenge any number not exceeding two without assigning cause, and any additional number on assigning cause. The truth of any cause so assigned shall be forthwith inquired into and determined by the Warden, whose decision shall be final.

(8.)

If by reason of non-attendance, challenge, or otherwise the number of Assessors is reduced to less than five, the Clerk shall make up the required number by orally summoning a sufficient number of indifferent persons then present in the Court or its vicinity to sit and act as Assessors on the trial.

(9.)

Before taking his seat on the trial each Assessor shall make oath before the Warden to give a true verdict according to the evidence.

(10.)

All questions of law arising on the trial shall be determined by the Warden, and all questions of fact by the Assessors.

(11.)

The decision of the Assessors, or of a majority of them, shall be the decision of the Court, and the Court shall give judgment accordingly:

Provided that if, after consulting for two hours, the Assessors intimate that a majority of them cannot agree upon a verdict, the Warden shall discharge the Assessors and himself decide the claim in the like manner as if the trial were before himself alone.

264 Procedure, mode of trial, and costs.

With respect to all suits in the Warden’s Court in its civil jurisdiction the following provisions shall apply:—

(1.)

The Warden may administer an oath.

(2.)

Every witness shall be examined on oath.

(3.)

If any person, being duly summoned to attend, whether as Assessor or witness, fails to duly attend at the time and place named in the summons, or, attending, refuses to be sworn as Assessor or witness, or to serve as Assessor, or to answer any lawful question put to him as a witness, the Court may forthwith inflict on him any penalty not exceeding five pounds unless reasonable cause for such failure or refusal is made to appear to the Court.

(4.)

Every suit shall be heard in open Court at the time and place appointed in that behalf:

Provided that if for any reason the Court cannot be held at the time or place appointed, the Clerk may adjourn it to such other time or place as the Warden, or, in the absence of the Warden, as the Clerk appoints in that behalf.

(5.)

The trial may be adjourned by the Court from time to time, or from place to place, in such manner and on such terms as to costs or otherwise as the Court thinks fit.

(6.)

The Court, upon such terms as to costs or otherwise as it thinks fit, may by order grant time to any party for any purpose, add or strike out parties, and generally do whatever it deems expedient for the purpose of effectively disposing of the matter before it, according to the substantial merits of the case.

(7.)

The costs shall be in the discretion of the Warden, and he shall fix them.

As to Powers of the Court

265 Powers of Court.

In any matter within its jurisdiction, and at any stage of the proceedings, the Court, of its own motion, or on the application of any of the parties, and upon such terms as to costs and otherwise as it thinks fit, may exercise any of the following powers, that is to say:—

Order for deposit of gold, &c.

(1.)

It may order any person having the possession, custody, or control of any gold, metal, mineral, or other chattels to deposit the same with such person, within such time, and in such place, as are named in the order, there to abide the further order of the Court.

(2.)

It may cause all or any such chattels to be valued.

Delivery to person entitled.

(3.)

It may order all or any such chattels to be delivered up to or to be rateably apportioned amongst the persons found by the Court to be entitled thereto.

(4.)

It may order such chattels, or a sufficient part thereof, according to their value ascertained as aforesaid, belonging to any party against whom an order has been made by the Court for the payment of money to any other party, to be delivered to such other party in or towards satisfaction of such order.

(5.)

It may order money deposited with the Receiver or Clerk to be held to abide the further order of the Court or the Warden.

(6.)

If default is made in duly complying with any such order for the deposit, valuation, or delivery of chattels the Court may cause them to be seized and held by the bailiff or any constable until the further order of the Court.

Suspension of operations.

(7.)

It may order operations on any mining privilege to be suspended until the further order of the Court, or to be carried on by or under the direction and control of a person appointed by the Court.

(8.)

If any order under subsection six hereof is made on the application of any party to the proceedings, such party may be subsequently ordered to pay such reasonable compensation (if any) as the Court directs to any other party who suffers damage by the operation of such order.

Order for survey.

(9.)

It may order a survey, plan, or measurement of any land, mine, or mining privilege, or any part thereof, to be made by any party or other person.

Inspection by Assessors.

(10.)

It may inspect any land, mine, or mining privilege, or order the same to be inspected by the Assessors (if any) before whom the proceedings are being heard.

(11.)

It shall make such order for inspection by the Assessors whenever requested so to do by a majority of them.

(12.)

The Court or the Assessors making any such inspection may take judicial notice of anything observed in the course of such inspection.

Expenses of orders.

(13.)

When making any order under this section the Court may require such one or more of the parties as it names in that behalf to deposit with the Clerk such sum as the Court thinks reasonable in respect of the expenses of and incident to the carrying-out of such order.

(14.)

Such expenses shall be fixed by the Court, and shall ultimately be payable by such parties and in such manner as the Court directs.

266 Powers in respect to encroachment suits.

With respect to encroachment suits the following provisions shall apply:—

(1.)

At any stage of the proceedings the Court, of its own motion or on the application of any of the parties, and upon such terms as to costs and otherwise as it thinks fit, may by order authorise any person to enter on any land, mine, or mining privilege for the purpose of ascertaining whether any encroachment exists.

(2.)

For such purpose every person named in such order shall be entitled to enter on any land, descend any mine, and examine and make such surveys, sections, plans, and measurements thereof, and of any workings therein, as he deems necessary.

(3.)

In the exercise of the powers conferred upon him by this section, every such person may avail himself of the machinery and appliances in use in the ordinary operations of the mine.

(4.)

Before exercising any such powers, every such person shall make a declaration before the Warden that, except as a witness in a Court of justice, he will not without the consent of the owner of such mine divulge to any person whomsoever any information obtained in the exercise of any such powers, save only as to whether any encroachment exists, and, if so, to what extent.

(5.)

If any such person divulges any information in breach of such declaration as aforesaid be is liable to a penalty not exceeding fifty pounds.

267 When such powers may be exercised.

The powers by the last-preceding section hereof conferred upon the Court may be exercised on the application of any person prior to the actual commencement of an encroachment suit, if the Court is satisfied that the applicant bonâ fide claims to be entitled to any land, mine, or mining privilege, and bonâ fide believes that the same is or may be encroached upon.

268 General powers of Court.

In all matters within its jurisdiction the Court shall have power to enforce contracts; award damages; appoint receivers; grant prohibitions, injunctions, attachment orders, charging orders; add, join, substitute, or strike out parties; impose penalties; cause gold, metals, minerals, and other chattels to be restored to any person or place whence they have been improperly or unlawfully taken or removed, or to be deposited for safe custody with any person or in any place, or to be summarily seized; summon witnesses; award costs; and generally make such orders and give such judgments as it deems proper.

269 How judgments and convictions to be enforced.

Subject to the express provisions of this Act in that behalf, every judgment, decision, or order of the Court in civil proceedings shall be carried out and enforced in like manner in all respects as if it had been given or made in civil proceedings in the Magistrate’s Court; and every conviction or order of the Court in criminal proceedings, or proceedings imposing a penalty, shall be carried out and enforced in like manner in all respects as if it had been obtained or made in summary proceedings before Justices of the Peace.

270 By whom warrants may be served.

Every warrant, order, or other process of the Court may be served or executed and put in force by any bailiff of any Warden’s or Magistrate’s Court without it being necessary for him to be specifically named therein, or by any other person to whom it is, whether before or after issue, specially directed by any Warden, Magistrate, or Clerk of any such Court.

271 No proceedings to be dismissed for informality.

No proceedings shall be dismissed or vitiated because of any informality; nor shall any objection be taken or allowed on the mere ground of any alleged defect or misnomer or inaccurate description, or of any variance between the relief claimed and the relief which the claimant appears to be entitled to, or between the complaint and the evidence adduced in support thereof; but in every instance the proceedings shall be amended by the Court so that the actual subject-matter in dispute may plainly appear and be adjudicated upon according to the substantial rights of the parties:

Provided that whenever it appears that any of the parties is deceived or misled, or that any injustice would be done by proceeding at once with the hearing, the Court may adjourn the proceedings upon such terms as to costs and otherwise as it thinks fit.

272 Record and formal drawing-up of judgments.

With respect to every judgment, conviction, or order of the Court the following provisions shall apply:—

(1.)

A minute thereof shall be entered in a register kept for the purpose, and no other record thereof shall be necessary.

(2.)

If any of the parties so requests, or if the Warden thinks fit, it may at any time thereafter be formally drawn up under the hand of the Warden or Clerk and the seal of the Court.

(3.)

It shall not be void, quashed, or vacated for want of form.

273 Mode of service of injunctions or other orders.

Service of any injunction, prohibition, or other order shall be effected on the person to be bound thereby,—

(1.)

By delivering to him a duplicate thereof under the hand of the Warden or Clerk and the seal of the Court; or

(2.)

If the Court so directs, by posting such duplicate to such person at his last-known place of business or abode, or by publishing the same in such newspaper or by affixing the same in such conspicuous place as is named by the Court, being in every instance the land (if any) to which the order relates.

274 Additional powers of Court.

For the purpose of enabling the Court the more effectually to exercise the jurisdiction and powers conferred upon it by this Act, and to enforce obedience to its orders and to punish disobedience thereof, it is hereby declared that, in so far as no sufficient provision in that behalf is elsewhere contained in this Act, the Court and the Warden thereof shall be deemed to have and may exercise all the powers of the Supreme Court or a Judge thereof.

275 Orders may be enforced by commitment.

For the purpose of enforcing compliance with any order made by the Court directing not the payment of money but the doing or refraining from the doing of any act, the following provisions shall apply:—

(1.)

If any person makes any default in duly complying with any such order, or in any way impedes or prevents the due compliance therewith, be commits an offence, and is liable to a penalty not exceeding ten pounds and to be imprisoned in default of payment, or to be imprisoned without the infliction of any such penalty, and the Court may issue a warrant of commitment accordingly.

(2.)

The person named in such warrant shall be taken to some convenient prison named therein, and delivered to the keeper of such prison, who shall there detain him until be pays such penalty (if any) and gives security to the satisfaction of the Court that he will refrain from repeating such offence, or until be is released by order of the Court: Provided that no person shall be imprisoned under this section for any term exceeding three months.

276 Punishment of persons guilty of contempt.

Whenever, in the course of any proceedings before the Court, any person wilfully insults the Warden or Assessors, or any officer of the Court, or wilfully interrupts the proceedings, or in any other manner is guilty of contempt in the face of the Court, the following provisions shall apply:—

(1.)

Such person may, by written or verbal direction of the Court, be taken into custody by the bailiff or any constable, with the assistance if necessary of other persons, and be detained until the rising of the Court.

(2.)

Instead of discharging such person at the rising of the Court, the Warden may inflict any penalty not exceeding five pounds, and in default of payment commit him to prison for any term not exceeding five days, or may commit him to prison for any such term without inflicting any such penalty.

277 Rules for conduct of business.

The Warden may from time to time make such rules, not inconsistent with this Act, as he thinks fit in order to regulate the orderly conduct of the business of his Court.

As to Practice and Procedure in the Warden’s Court

278 Rules of practice and procedure.

The rules set forth in this section shall regulate the practice and procedure in the Warden’s Court:—

Office and Officers

(1.)

The office of the Court shall be open to the public on such days and during such hours as are prescribed, and the Clerk shall attend there during office hours. He shall issue all summonses, warrants, and writs of execution; keep an account of all proceedings; take charge of and keep an account, in a book to belong to the Court, of all fees, penalties, and fines payable or paid into Court, and of all moneys paid into and out of Court; attend the sittings of the Court; and do and perform all other acts and duties properly incident to the office of Clerk. If there is no Clerk, or Deputy Clerk, the Warden shall act.

(2.)

The bailiff of the Court shall attend the sittings of the Court, unless when his absence is allowed by the Warden, and shall, when required, serve all summonses and orders, and execute all warrants issued out of the Court, and in other respects shall be subject to the directions of the Warden.

Agents

(3.)

Subject to prescribed regulations, the Warden, on being satisfied that any person is a fit and proper person to act on behalf of parties, may, in his discretion, register such person as a mining agent; and any such person, whilst so registered, shall have the right to appear and act for parties in all proceedings in any Warden’s Court held within the district specified in that behalf in the register:

But such registration may be cancelled at any time by the Warden on it being made to appear to him that such person has been guilty of misconduct, or is otherwise unfit to act for parties in such Court.

(4.)

Every party to proceedings may appear and act in person, or by solicitor or registered mining agent.

(5.)

No officer of the Court shall, either by himself or by any partner, or person in his employment, be directly or indirectly engaged as counsel, solicitor, registered mining agent, or agent for any party in any proceeding.

Claim

(6.)

Any person desirous of prosecuting a suit shall prepare and deliver to the Clerk a statement of claim, in the prescribed form, containing a full and explicit statement of the ground or cause of action and of the relief claimed; if there be more than one ground of action, each shall be stated in a separate paragraph, and all such paragraphs shall be numbered consecutively.

(7.)

The statement of claim shall be signed by or on behalf of the plaintiff, and shall specify his address for service.

(8.)

In any case where the Christian name or surname of any party to a suit is not known he may be designated by any name which he may have acquired by usage or reputation.

(9.)

Upon receipt of the statement of claim, accompanied by the prescribed fees, the Clerk shall file such statement for the use of the Court, and shall enter in a plaint-book to be kept for the purpose a minute specifying according to the statement of claim the names, occupations, and the last-known places of abode of the parties, and the substance of the suit intended to be brought, or the relief intended to be sought, and, where the claim is a money demand, the amount sought to be recovered.

(10.)

Every statement of claim shall be numbered in every year according to the order in which it is entered in the plaint-book, and, where the party does not sue in his own right, there shall be stated the character in which he sues.

(11.)

The plaintiff shall, together with the aforesaid statement of claim, prepare and deliver to the Clerk so many copies thereof as there are defendants to the suit, and one of such copies shall be annexed to and served with each summons, and be deemed a part thereof.

(12.)

The summons shall be in the prescribed form, and shall be prepared and issued by the Clerk.

Witnesses

(13.)

On application in that behalf, and on payment of the prescribed fees, any party may obtain from the Clerk summonses to witnesses in the prescribed form, with or without a clause requiring the production of books and writings in their possession or under their control.

Service

(14.)

The service of any summons shall be effected by delivering a duplicate of the same to each defendant personally, or, if he cannot conveniently be found, by leaving such copy at his usual place of business or abode in the colony, with some inmate thereof appearing to be at least fourteen years of age, or, in the case of any incorporated company, in the manner prescribed by law for the service of process on such company.

(15.)

If service cannot be effected in any of the ways hereinbefore provided, the summons may, if the Warden or Clerk so directs, be affixed in some conspicuous place upon the site of the defendant’s last-known place of business or abode, or upon the mining privilege last known to have been held by him, or otherwise as the Warden or Clerk directs.

(16.)

In cases under the last-preceding rule, a notice of the affixing of such summons, with a statement of the manner in which it has been affixed, shall be advertised in a newspaper published or circulating in or near to the locality where the suit is to be heard, and such affixing and publication shall be deemed to be a good service of such summons.

(17.)

The summons shall be served at least seven days before the time appointed for the hearing in the case of personal service, or fourteen days in the case of other than personal service:

Provided that any summons may issue and be served at any time before the hearing if the Warden so directs or the defendant consents.

(18.)

Any summons may be served by the bailiff, or by any other person whom the Warden or Clerk directs, or, at the option of the plaintiff, by himself or his agent.

(19.)

The person serving any summons shall, by affidavit in the prescribed form, certify the time and mode of such service: Provided that the Warden may require further proof thereof if he thinks fit.

Defence and Counter-claim

(20.)

Every defendant may set off by way of counter-claim any claim or demand whatsoever that he may have, in the capacity in which he is sued, against the plaintiff in the capacity in which he sues, and which the Court would have jurisdiction to hear and determine if the same were a claim or demand in such Court: Provided that no counter-claim shall be set off against any one of two or more joint plaintiffs.

(21.)

The counter-claim shall be in the prescribed form, and shall be filed and served at least twenty-four hours before the time appointed for the hearing of the suit, but shall in all other respects conform and be subject to the provisions of this Act relating to statements of claim.

(22.)

The Court may order the statement of claim and counterclaim to be heard together or separately, as it thinks fit.

Hearing

(23.)

All Assessors summoned for the trial of any one suit shall be deemed to have been summoned for the trial of all suits to be tried before Assessors at the same sittings of the Court.

(24.)

If the plaintiff does not appear at the time appointed, and good cause for his absence is not shown, the Court may dismiss, strike out, or adjourn the suit, with or without costs, as it thinks fit:

Provided that at any time before the conclusion of the same day’s sitting the Court may, upon such terms as it thinks fit, reinstate any suit which has been so dismissed or struck out.

(25.)

If the defendant does not appear, and it is proved that the summons was duly served, the Court may proceed to hear the case ex parte, and to adjudicate thereon as fully and effectually as if the defendant had appeared.

Payment into Court

(26.)

The defendant in any proceeding for or which includes a money demand may, at any time before the summons is heard, pay into Court such sum of money as he thinks a full satisfaction for such demand, together with the costs incurred by the plaintiff up to the time of such payment, and of serving the notice next hereinafter mentioned.

(27.)

The defendant paying into Court as aforesaid shall serve written notice thereof on the plaintiff, at his address for service.

(28.)

If the plaintiff, having been served with such notice at least forty-eight hours before the day of hearing, elects to proceed after such service, and recovers no further sum in respect of such money demand than the sum so paid into Court, he shall pay to the defendant the costs incurred by him after such service, unless the Court otherwise directs.

Costs and Fees

(29.)

All the costs of any proceeding may be fixed by the Court, or, under its instructions, by the Clerk, and may be apportioned between the parties or any of them in such manner as the Court thinks fit; and in default of any special direction such costs shall abide the event of the action.

(30.)

The Court may in each case direct what number of witnesses shall be allowed between party and party, and their allowance for attendance shall in no case exceed the allowance prescribed by regulations.

(31.)

No costs of witnesses shall be allowed unless they have been summoned.

(32.)

The Court may make such order as it thinks fit concerning the times and by what instalments any sum of money for which judgment is obtained shall be paid, and all such money shall be paid into Court unless the Court otherwise directs.

(33.)

In any case where the Court reserves its decision, such decision may be given by the Warden at any subsequent sitting of the Court where be is exercising jurisdiction; or may be drawn up in writing signed by the Warden, and be forwarded by him to the Clerk, who on receipt thereof may read the same either in open Court at its next sitting or at a time and place duly notified in that behalf by him to the parties. Such decision shall have the same force and effect as if given by the Court.

(34.)

There shall be payable in respect of all proceedings such fees as are prescribed by regulations, and a table of all such fees shall be kept affixed in some conspicuous place in the Courthouse and in the Clerk’s office at every place where the Court is held.

(35.)

No officer of the Court shall do any act in respect whereof a fee is prescribed unless and until such fee is first paid; but, in the event of any such act being done without payment of the fee, such fee may by order of the Court be recovered from the person who should have paid the same, in like manner as in the case of a judgment of the Court.

(36.)

The Governor may from time to time by regulations make such additional rules under this section as he thinks fit.

As to Rehearings

279 Rules in respect to rehearings.

The Court, on application in that behalf, may grant a rehearing of any suit decided; and with respect to every such application and rehearing the following provisions shall apply:—

(1.)

Within ten days after the day on which the Court decided the suit the application for a rehearing shall be filed in the Court, and be served on the opposite party.

(2.)

The application shall be in the prescribed form, and shall specify the grounds thereof, and contain a notification that it will be made on the day after the day of service, or as soon thereafter as it can be heard.

(3.)

On proof of the service of the application the Court shall hear the same, and all objections thereto, and in its discretion may grant or refuse it, and in granting it may by order stay all proceedings on the original hearing pending the rehearing.

(4.)

If the application is granted, the Court may grant it on such terms as to costs, notices, security, payment into Court, and otherwise as it thinks fit, and shall fix the time and place of the rehearing.

(5.)

All the provisions of this Act relating to the hearing of suits shall apply to the rehearing.

As to Special Cases reserved

280 Special case may be reserved for Supreme Court, and interim injunction granted.

At any stage of any civil proceedings before it the Court may reserve any question for the opinion of the Supreme Court, and with respect to every question so reserved the following provisions shall apply:—

(1.)

The Warden shall prepare a special case, setting forth the question so reserved, and shall transmit such case to the Registrar of the Supreme Court of the Supreme Court District wherein the proceedings arose.

(2.)

The Registrar shall set the special case down for argument before the Judge of that Court on a day to be appointed by him, and the Judge’s opinion on the special case shall, when given, be drawn up and transmitted by the Registrar to the Warden.

(3.)

The costs of the proceedings shall be in the discretion of the Judge, and shall be fixed by him.

(4.)

Upon receipt of such opinion the Warden’s Court shall act in accordance therewith, and in the meantime no judgment or order of the Court shall affect the question so reserved.

(5.)

When reserving any such question, or at any time before acting on the Judge’s opinion thereon, the Warden’s Court, on the application of any party to the proceedings, and on such terms as it thinks fit, may make such order for an injunction or a receiver, or for payment of money into Court, or for giving security for damages and costs, or otherwise as the Court thinks fit.

As to Appeals

281 When appeal may be made to District Court.

Except where otherwise expressly provided, it is hereby declared that, from any final order, judgment, or other decision of the Warden under sections thirty-three, forty-eight, forty-nine, and fifty-six of Part III., or under Parts IV., V., VI., VII., or VIII. of this Act, or of the Court or the Warden under Part IX. of this Act, an appeal at the instance of any party aggrieved shall lie to the appellate Court, being the District Court sitting in the district wherein such decision was given; or, if there is no District Court sitting therein, or if by memorandum filed in the Warden’s Court both parties to the appeal consent, then the Supreme Court sitting within the Supreme Court district wherein such decision was given:

Provided that there shall be no appeal in any case where, at or before the hearing, the parties by memorandum in writing lodged in the Court or the Warden’s Office agree that the decision of the Court or the Warden shall be final.

282 Appeal on fact or law.

Every such appeal may, as the appellant thinks fit, be on matter of fact alone, or of law alone, or of both fact and law:

Provided that there shall be no appeal on matter of fact from any summary conviction imposing a penalty, unless the amount of the penalty imposed, exclusive of costs, exceeds five pounds.

283 Notice and grounds of appeal.

With respect to every appeal the following provisions shall apply:—

(1.)

Within ten days after the decision to be appealed from has been given, the appellant shall file in the Court and serve on the other party notice of intention to appeal, and also lodge with the Clerk or Registrar of the appellate Court, as deposit by way of security for the costs of appeal, the sum of ten pounds if the appeal is on matter of law only, and twenty pounds if it is on matter of fact alone, or of both fact and law.

(2.)

Such notice of appeal shall specify whether the appeal is on matter of fact alone, or of law alone, or of both fact and law, and shall also state briefly the matters of law (if any) forming the grounds of appeal:

Provided that on the hearing of the appeal the appellant shall not be limited to the grounds of appeal stated in such notice.

(3.)

The appellant, when lodging such deposit, shall also file in the office of the appellate Court a copy of all papers filed in the original proceedings, and of the decision appealed against.

(4.)

Such copy shall be certified as correct under the hand of the Warden, or the Clerk, and, with the notice of appeal, shall constitute the case on appeal.

284 Procedure when appeal on law alone.

If the appeal is on matter of law alone the following provisions shall apply:—

(1.)

The appeal shall be in the form of a special case to be agreed on by the parties, or, if within seven days they cannot agree, then to be settled by the Warden at the request of either of them.

(2.)

The special case, when agreed on or settled as aforesaid, shall be transmitted to the Clerk or Registrar of the appellate Court by the appellant, who shall also, within thirty days after the notice of appeal was filed as aforesaid, set the special case down for hearing, and give notice thereof to the other party.

285 Appeal to be by way of rehearing.

If the appeal is on matter of fact alone, or of both fact and law, it shall be by way of a rehearing of the original proceedings in like manner as in the case of proceedings commenced in the appellate Court:

Issue of fact may be tried by jury.

Provided that where the appellate Court is the Supreme Court the Judge thereof may in his discretion, or on the application of either of the parties and upon such terms as to costs or otherwise as he thinks fit, direct any issue of fact to be tried by a jury.

286 When appeal deemed to be abandoned

The appeal shall in every case be deemed to be abandoned if the appellant—

(1.)

Fails to duly file or serve such notice of appeal, or to duly lodge such deposit, within the time hereinbefore limited in that behalf; or

(2.)

Fails to duly file such certified copy, if the appeal is on matter of fact alone or of both fact and law, or to duly set down such special case if the appeal is on matter of law alone, within the time hereinbefore respectively limited in that behalf, or such extended time as the Judge of the appellate Court thinks fit to grant on application made by the appellant before the expiration of the time limited as aforesaid

Provided that no such extension shall be granted unless the appellant satisfies the Judge that, after making all reasonable efforts so to do, be had failed to procure such certified copy, or to get such case settled early enough to admit of its being set down within the time hereinbefore limited in that behalf.

287 Proceedings when appeal abandoned.

Whenever an appeal is abandoned, the same proceedings may be had and taken in respect of the decision appealed against as if no notice of appeal had been given.

288 Court where appeal to be heard.

Every appeal shall be heard at the sittings of the appellate Court held nearest to the place where the decision appealed against was given, and not earlier than twenty days after the time when it was given:

Provided that such Court may hear the appeal at such other place and (if the appeal is ripe for argument) such earlier time as it thinks fit.

289 Special days for hearing.

The Judge of the appellate Court in each district may appoint special days for the hearing of appeals to such Court, and the days so appointed shall be publicly notified in the district by the Clerk or Registrar.

290 Order of appellate Court, and costs.

With respect to the proceedings on the appeal, the following provisions shall apply:—

(1.)

The appellate Court, after hearing the appeal, shall make such order reversing or varying the decision appealed against, or dismissing the appeal, as it thinks fit, and every such order shall be final and conclusive.

(2.)

Such order may contain directions for the payment of money, or the delivery or restitution or possession of any mining privilege, or of any land or water, or of any gold, metal, mineral, or other chattels or property, to the person found to be entitled thereto.

(3.)

Such order may also contain such directions with respect to the costs of the appeal and of the original proceedings as the appellate Court thinks fit.

(4.)

Where it appears to the appellate Court that the subject-matter of the appeal does not exceed twenty pounds in value, the appellant, although successful on the appeal, shall not be entitled to any costs of appeal from the opposite party unless the Judge is of opinion that the special circumstances of the case entitle him to costs.

(5.)

The decision of the appellate Court shall be final and conclusive except where the amount claimed or the value of the property in dispute exceeds three hundred pounds, in which case there shall be a further right of appeal to the Court of Appeal, whose decision shall be conclusive and final.

As to Jurisdiction of the District Court, and Appeals therefrom

291 When District Court to have original jurisdiction, and proceedings therein.

The District Court shall have an original jurisdiction concurrently with the Warden’s Court in all cases where the amount claimed or the value of the property in dispute exceeds one hundred pounds; and with respect to all suits tried in the District Court in the exercise of such jurisdiction the following provisions shall apply:—

(1.)

The forms of proceedings in use in such Court shall be applied as far as possible, and in so far as they are not applicable the forms of proceedings in the Warden’s Court may be used, with such alterations as are necessary.

(2.)

Except where an issue of fact is to be tried before Assessors, as hereinafter provided, the Judge of the District Court shall alone determine all matters of fact as well as of law.

(3.)

For the purpose of the trial of any issue of fact before Assessors, the provisions of section two hundred and sixty-three relating to Assessors shall, mutatis mutandis, apply to the District Court and the Clerk thereof.

(4.)

Subject as aforesaid, every issue of fact which is to be tried before Assessors shall be tried in the same manner as if such issue had been directed by the Supreme Court in a matter pending in that Court.

(5.)

From every decision of the District Court an appeal shall lie to the Supreme Court, in the same manner and subject to the same rules, conditions, and procedure, mutatis mutandis, as in the case of appeals from a decision of the Warden’s Court.

292 Question may be reserved for Supreme Court.

The Judge of the District Court may at any time reserve for the opinion of the Supreme Court, by way of special case, any question arising in any proceedings in the District Court in the exercise of its original jurisdiction under this Act; and with respect to every such special case the provisions of section two hundred and eighty hereof shall, mutatis mutandis, apply.

Other Provisions

293 Evidence of witnesses at a distance.

For the purpose of taking the evidence of witnesses resident at a distance from the place of hearing, the provisions of sections ninety-one to ninety-five of “The Magistrates’ Courts Act, 1893,” shall, mutatis mutandis, apply to all proceedings either in the Warden’s Court or in the District Court in the exercise of its jurisdiction under this Act, or before the Warden in the exercise of his functions under any Part of this Act:

Provided that if there is no Warden’s Court or District Court at the place where such evidence is to be taken, it may be taken in the Magistrate’s Court.

294 Proceedings within jurisdiction to be brought in Warden’s or District Courts.

Subject to the provisions hereinbefore contained for appeal to the Supreme Court, or for special cases reserved for the opinion of that Court, and subject also to the right of any person to proceed in the Supreme Court when the cause of action affects title to land held otherwise than under this Act, all proceedings in any matter within the jurisdiction of the Warden’s Court or the District Court under this Act shall be brought in such Court alone.

295 Swearing of affidavits.

Affidavits to be used in any proceedings before the Warden or in the Warden’s Court under this Act may be sworn before a Warden, a solicitor of the Supreme Court, a Justice of the Peace, or the Clerk.

296 Removal of defects in warrants, &c.

Every warrant, order, conviction, judgment, or decision of the Warden or the Court under this Act or any former Mining Act shall be deemed to have been made or given by the Magistrate of an inferior Court within the meaning and for all the purposes of “The Courts of Justice (Technical Defects Removal) Act, 1892.”

Part X MISCELLANEOUS PROVISIONS

As to Development of the Mining Industry

297 Local authority may use funds to develop mining industry.

Subject to prescribed regulations, any local authority may from time to time apply such portions of its funds as it thinks fit in assisting the development of the mining industry within its district in all or any of the following ways, that is to say:—

(1.)

In offering and paying rewards for the discovery of new mining fields in respect of gold or any other metals or minerals, or any precious stones;

(2.)

In prospecting for gold or any other metals or minerals or any precious stones;

(3.)

In or towards the erection, establishment, maintenance, and extension of schools of mines.

298 Method of applying moneys appropriated by Parliament to assist development of mining industry.

All moneys from time to time appropriated by Parliament for the purpose of assisting the development of the mining industry, whether by way of grants, rewards, or otherwise, shall be apportioned and applied as the Minister thinks fit, subject nevertheless to the special terms (if any) of such appropriation, and subject also to the provisions following, that is to say:—

(1.)

The assistance to be given towards prospecting at deep levels shall be confined to three mining districts; and in no case shall more than one deep level be assisted in any such district at one time.

(2.)

In every case where such assistance is given by way of reward for the discovery of a new mining field, whether in respect of gold or any other metal or mineral, or any precious stone, the Minister may agree with any local authority that such authority shall pay such portion of the reward as is agreed on, not exceeding one moiety, and that the residue shall be paid by him; and in every such case the local authority shall be liable to pay such portion accordingly.

(3.)

In any case where any local authority itself offers any reward under the provisions in that behalf hereinbefore contained, the Minister may pay such portion thereof as is agreed on, not exceeding one moiety.

(4.)

In any case where any local authority, being liable to pay any money in respect of any such reward, makes default in duly paying the same, the Minister may pay the same on its behalf, and all money so paid by him shall be a charge upon and be deducted from all goldfields revenue, or other subsidy or money, due or accruing due to such local authority under any Act.

299 Reward for discovery of new mining field, when payable, and amount.

With respect to every reward for the discovery of a new mining field, whether payable in whole or in part by the Minister, or by any local authority, the following special provisions shall apply:—

(1.)

The reward shall in no case be payable unless the claim therefor is made within five years after the date of the discovery, nor until the genuineness of the discovery has been tested by actual working.

(2.)

The amount of the reward shall be computed on the basis of the number of miners bonâ fide engaged in mining operations on the new field at the expiration of twelve months after the date of the discovery thereof; and the total amount of the reward shall in no case exceed five hundred pounds.

300 Regulations as to applications for and conditions of assistance.

For the purposes of the three last-preceding sections hereof, the Governor may from time to time make regulations prescribing—

(1.)

The mode of application to the Minister or any local authority for assistance;

(2.)

The extent to which and the terms and conditions subject to which such assistance may be given;

(3.)

The definition of “deep levels,” and the number and locality of the deep levels for the prospecting whereof assistance may be given by the Minister;

(4.)

The conditions as to the use of diamond-drills in boring operations;

(5.)

The number, localities, requirements, capacities, and method of construction of water-races and water-storage reservoirs towards which assistance may be given by the Minister;

(6.)

The mode of application for rewards for the discovery of new mining fields, the terms and conditions subject to which such rewards may be offered and given, and the mode of computing the amount thereof;

(7.)

Any other matter which the Governor deems necessary in the premises.

301 Minister may enter into agreements.

For the purpose of specifying the purpose for which assistance is to be given by the Minister to any person, the extent of such assistance, and the terms and conditions subject to which it is to be given, the Minister may, in the name and on behalf of Her Majesty, make such agreements and execute such instruments as he thinks fit.

Regulations

302 Purposes for which regulations may be made.

In addition to the regulations which the Governor is empowered to make under the foregoing provisions of this Act, he may from time to time make such regulations as he thinks necessary for all or any of the purposes following, that is to say:—

(1.)

Prescribing the rights, duties, powers, and functions of the Warden or any officer or other person appointed under this Act, or employed or acting in the administration thereof, and the districts or portions thereof wherein he shall exercise the same.

(2.)

Prescribing whatever the Governor deems necessary for the efficient management and administration of the affairs of mining districts.

(3.)

Prescribing the mode in which applications for the resumption of land may be made and dealt with.

(4.)

Prescribing whatever the Governor deems necessary in order to give full effect to the provisions, of this Act relating to the resumption or ceding of land for mining purposes, or the surrender or determination of outstanding leases or licenses granted by the Native or other owners of land prior to the acquisition of such land by Her Majesty.

(5.)

Prescribing the mode, times, and places for the issue of miners’ rights.

(6.)

Prescribing the qualifications and privileges conferred by a miner’s right upon the holder thereof.

(7.)

Exempting persons or classes of persons from the obligation to hold miners’ rights; such exemption being absolute or limited, as the Governor thinks fit to prescribe.

(8.)

Prescribing the mode in which goldfields revenue in respect of ceded land, reserves, endowments, and other lands shall be collected, accounted for, and distributed to the owners, trustees, or other persons entitled thereto.

(9.)

Prescribing, in respect of mining privileges under this Act, the mode and terms of application therefor, and of marking out and taking up the land comprised therein; the area and dimensions of such land; the notices to be given, the person to be served, and the mode of service; the forms, terms, and conditions of the licenses therefor, and of renewals thereof; the fees, rents, and royalties payable in respect thereof; the time and mode of such payments; and the rights, privileges, duties, and obligations of the holders thereof.

(10.)

Prescribing the mode in which and the terms and conditions subject to which mining privileges may be surrendered, exchanged, or amalgamated.

(11.)

Prescribing the forms of instruments for the disposition of mining privileges, and the mode of execution thereof.

(12.)

Regulating the use and occupation of land under this Act, and the mode in which and the conditions and restrictions subject to which mining operations may be carried on therein or thereon.

(13.)

Prescribing the terms, conditions, and restrictions subject to which prospecting operations may be carried on, whether under license or by virtue of a miner’s right, the mode of assessing and settling the compensation payable by the prospector to the owner or occupier of the land prospected on, and whatever else the Governor thinks necessary for the purpose of regulating prospecting.

(14.)

Prescribing in what cases, to what extent, and in what manner the outgoing holder of a mining privilege, or of surplus ground, may be entitled to receive from the incoming holder valuation for mining or other improvements existing thereon, and prescribing the mode of ascertaining such valuation.

(15.)

Enabling holders of mining privileges to make and use and to use already-made shafts, levels, adits, drives, tunnels, races, or other mining-works through or over other lands, whether held as mining privileges or not, and prescribing the mode in which, and the terms and conditions as to compensation and otherwise subject to which, the same may be so made and used.

(16.)

Prescribing the mode in which, and the terms, conditions, and restrictions subject to which, water may be diverted and used for mining or other purposes, and preventing the waste thereof.

(17.)

Prescribing the mode in which, and the terms, conditions, and restrictions subject to which, watercourses may be diverted from their channels or beds, and mining be carried on therein.

(18.)

Regulating the construction, maintenance, and use of races, dams, and other mining privileges in respect of water, and the use and sale of the water therein.

(19.)

Prescribing the mode in which, and the terms, conditions, and restrictions subject to which, tailings, mining débris, and waste waters may be discharged or suffered to flow into watercourses proclaimed for that purpose.

(20.)

Prescribing the mode in which valuations for improvements may be made, and claims for compensation under this Act may be made, assessed, and disposed of.

(21.)

Regulating and enforcing the drainage of mining privileges, and preventing damage from the escape or overflow of water from mines.

(22.)

Setting apart water, watercourses, and dams for specified purposes distinct from mining; regulating the use and sale of water for such purposes, and preventing the waste or fouling thereof.

(23.)

Regulating the proper working of mines and machinery (including dredging claims and dredges), and making provision for the safety of life and property in connection with mining operations.

(24.)

Authorising and regulating mining under roads, streets, and paths, subject to due provisions for the safety, preservation, and repair thereof.

(25.)

Requiring and regulating the fencing-in and filling-up of shafts, pits, holes, and excavations.

(26.)

Preventing nuisances and providing for sanitation in and about mining privileges and the buildings erected thereon.

(27.)

Prescribing the mode in which, and the terms, conditions, and restrictions subject to which, timber on Crown lands may be felled and removed, fixing the prices to be paid for the various descriptions of such timber, and preventing the unlawful felling or removal thereof.

(28.)

Establishing and keeping registers for the registration of mining privileges and of the titles thereto, and of instruments of transfer and other dispositions thereof, and of liens and other encumbrances thereon, and prescribing the mode of such registration.

(29.)

Prescribing the mode in which liens and other encumbrances in respect of mining privileges may be discharged and such discharges may be registered.

(30.)

Prescribing the procedure for enforcing and obtaining the benefit of any lien authorised by this Act.

(31.)

Regulating the registration of persons as agents for parties in the Warden’s Court and before the Warden, and prescribing the fees payable for such registration.

(32.)

Regulating the procedure and practice in the Warden’s Court, and in proceedings before the Warden in his administrative as well as his judicial capacity.

(33.)

Fixing the fees to be paid in respect of proceedings in the Court or before the Warden.

(34.)

Regulating the costs that may be awarded, and the scale of allowances for witnesses’ expenses in respect of such proceedings.

(35.)

Prescribing the maximum costs and charges that may be charged under this Act by solicitors and registered agents.

(36.)

Prescribing the procedure in specified cases, including claims for damage done to land by reason of prospecting operations thereon.

(37.)

Prescribing the mode in which surveys under this Act shall be made, the fees to be paid therefor, the amount of the deposit to be made in respect thereof, and the mode of disposing of such deposit.

(38.)

Appointing Postmasters for the issue of miners’ rights or other specified mining privileges, and the receipt of fees and other payments under this Act in respect of mining privileges; prescribing the mode of such issue and receipt, and of the accounting for all moneys so received.

(39.)

Prescribing, in cases not hereinbefore provided for, the matters in respect whereof fees shall be payable under this Act, the amount thereof, and the persons liable to pay the same.

(40.)

Making provision for the compilation of mining statistics, and for that purpose requiring every claimholder to furnish to the Inspector periodical returns in the prescribed manner and form, showing for each such period in respect of such claim the number of workmen employed, the quantity of gold produced, together with such other particulars as are prescribed.

(41.)

For the purpose of such compilation as aforesaid, requiring every bank or other gold-buyer to furnish to the Inspector periodical returns showing for each such period the quantity of gold purchased by such buyer, together with such other particulars as are prescribed.

(42.)

Exercising, in such manner as the Governor thinks fit, any power or authority conferred upon him by this Act.

(43.)

Prescribing the respective forms of all licenses, certificates, and other documents issued under this Act, and the mode of recording the same, and giving effect to anything which under the provisions of this Act is to be prescribed.

(44.)

Effectuating anything for which regulations are contemplated or required by this Act.

(45.)

Generally prescribing whatever be deems necessary for the purpose of giving full effect to this Act, including penalties not exceeding ten pounds for the breach of any regulation.

303 Regulations to be laid before General Assembly, who may request same to be amended.

With respect to all regulations under this Act the following provisions shall apply:—

(1.)

They shall be gazetted, and shall come into operation from the date of such gazetting.

(2.)

They shall be laid before both Houses of the General Assembly within twenty-eight days after such gazetting, if Parliament is then in session, or if Parliament is not in session, then within fourteen days after the commencement of the then next-ensuing session thereof, and shall be referred to the Goldfields and Mines Committee of each House of the General Assembly.

(3.)

In any case where the General Assembly by resolution requests that any regulation be amended in any respect, or be repealed, the Governor shall forthwith amend or repeal such regulation accordingly.

(4.)

No right, title, or interest acquired under or created by any regulation under this Act shall be in any manner affected by the amendment or revocation of such regulation.

General Provisions

304 Persons mining on certain lands without authority commit offence.

If any person carries on mining operations—

(1.)

On Crown lands (other than Native ceded lands) without being duly authorised under this Act so to do, or

(2.)

On private land, without being duly authorised under this Act or by the owners so to do,

he commits an offence, and is liable to a penalty of not more than five pounds, nevertheless without thereby releasing from any other liability he may incur by reason of such illegal operations.

305 Evidence that conditions complied with.

The issue of any license or certificate by the Warden under this Act or any former Mining Act shall, except in case of fraud, be conclusive evidence that all the conditions and provisions prescribed by such Act as precedent to such issue have been duly complied with.

306 If license or certificate lost, duplicate may be issued.

If any license, certificate, or other document issued under this Act or any former Mining Act is lost or destroyed, a duplicate thereof may be issued in such manner, and upon such conditions as to proof of loss and otherwise, as are prescribed.

307 Proof of licenses.

(1.)

In all proceedings in any Court of justice, the production of any document purporting to be a license, certificate, or other document issued by the Warden or any other officer under this Act or any former Mining Act shall, until the contrary is proved, be sufficient evidence that the document is what it purports to be, and that it was lawfully issued.

(2.)

Nothing in this section contained shall limit or affect the operation of section three hundred and five hereof.

308 Certificated extract of register to be received as evidence.

A certificate in writing of the contents of or any extract from any register under this Act or any former Mining Act, purporting to be signed by the Registrar or other officer authorised to keep such register, shall, until the contrary is proved, be sufficient evidence in all Courts of justice, and for all purposes, of the matters set forth in such certificate, without production of the register or proof of the signature to such certificate.

309 Directors and officers of company liable for fees and rent.

In any case where any mining privilege is held by any company not registered in the colony, every director and attorney of such company, and also its manager and other officers, shall be severally liable for all fees, rents, royalties, and penalties payable in respect of such mining privilege, nevertheless without relieving the company from its liability in respect thereof.

310 Bailiff may sell without license.

It shall not be necessary for any bailiff conducting any sale under this Act to be the holder of an auctioneer’s license; but, if he does not hold such license, he shall not be entitled to charge any commission for acting as auctioneer at such sale.

311 Penalty for breach of Act or regulations.

Every person who commits any breach of any of the provisions of this Act, or of any regulations thereunder, for the punishment whereof no express provision is made elsewhere than in this section, is liable to a penalty not exceeding, for the first offence, ten pounds, and for every subsequent offence of the same nature twenty pounds.

312 Penalty no bar to civil action.

Notwithstanding the institution of proceedings for the recovery of any penalty under this Act, or the recovery of such penalty, any person shall be entitled to enforce against all persons any civil remedy he may have by reason of the act or default in respect of which such proceedings were instituted.

313 Receiver may sue for fees or rent in arrear.

(1.)

All fees, rents, royalties, and other dues payable under this Act, or any former Mining Act, shall be deemed to be moneys of the Crown, and, without in any way restricting any other mode or remedy for the recovery thereof, any Receiver of Goldfields Revenue for a mining district, or Receiver of Land Revenue for a land district, may in his own name sue therefor in the Warden’s Court, or any other Court of competent jurisdiction, if the same remains in arrear for thirty days:

Provided that in any case where all the local authorities or persons entitled to any specified dues as goldfields revenue request the Minister to treat them as not recoverable, or to accept a composition in respect thereof, or to give time for the payment thereof, he may do so, and in every such case the Receiver shall act as directed by the Minister.

(2.)

All mileage-fees received for service of any process under this Act shall be paid into the Public Account and form part of the Consolidated Fund, anything in this or any other Act to the contrary notwithstanding.

314 Receiver to furnish half-yearly return.

The Receiver of Goldfields Revenue shall furnish a return half-yearly, in the prescribed form, to the local authority entitled to goldfields revenue, setting forth in respect of such half-year the particulars of all revenue payable, paid, and in arrears.

315 Mining Registrar to furnish monthly return.

The Mining Registrar shall furnish to the Minister a monthly return in the prescribed form setting forth the particulars of all licenses, transfers, forfeitures, or other transactions registered by him during each month.

316 Protection to Wardens.

Every Warden acting in the execution of his office or duty under this Act shall be entitled to the same protection as Justices of the Peace under any law for the time being in force to protect Justices from vexatious actions for anything done by them in the execution of their office or duty; and Part IV. of “The Justices of the Peace Act, 1882,” shall, mutatis mutandis, apply to Wardens as fully as to Justices.

317 Power of Warden where no provision is made.

Whenever a Warden is empowered or required by this Act to cause anything to be done, and the mode of doing it is not elsewhere sufficiently provided for by this Act, it may be done by any person authorised verbally or in writing by the Warden; and all constables and peace officers shall, if thereunto required, assist any Warden or person authorised as aforesaid in the performance of his duty under this Act.

318 Warden to prescribe matter if omission made.

Wherever by this Act any matter is to be done within a time or in a mode or subject to a condition or provision to be prescribed, and no prescription is made by this Act, or the regulations thereunder, the Warden, when dealing with each such matter as it arises, may himself make the necessary prescription.

Validation

319 Validating mining privileges on land acquired from Natives while subject to lease to Kauri Timber Company.

For the purpose of removing possible doubts as to the validity of any mining privilege heretofore granted by the Warden in respect of land that at the time of such grant had been acquired in fee-simple by the Crown from the Native owners thereof, but was held by the Kauri Timber Company (Limited) under lease or license given by the Native owners prior to such acquisition, the following provisions shall apply:—

(1.)

In every case where any such mining privilege was granted by the Warden with the concurrence of the aforesaid company, the validity of such mining privilege shall not be in any way questioned or affected by reason merely that at the time of the grant thereof the company’s outstanding lease or license had not been actually surrendered, or the land had not been resumed for mining purposes, or notified by the Governor to be available for mining purposes; and in every such case the mining privilege shall be deemed to have been granted in respect of Crown lands open for mining.

(2.)

Sections twenty-nine and thirty of “The Mining Act Amendment Act, 1896,” and sections fifty-nine and sixty of this Act, shall be construed subject to this section.

FIRST SCHEDULE

1891, No. 33.—“The Mining Act, 1891.”

1892, No. 47.—“The Mining Act Amendment Act, 1892.”

1893, No. 9.—“The Mining Act Amendment Act, 1893.”

1893, No. 49.—“The Mining Act Amendment Act (No. 2), 1893.”

1894, No. 52.—“The Mining Act 1891 Amendment Act, 1894.”

1895, No. 60.—“The Mining Act Amendment Act, 1895.”

1896, No. 51.—“The Mining Act Amendment Act, 1896.”

SECOND SCHEDULE Claims that may be marked out and taken up

If the area of the land resumed, ceded, or brought within a mining district does not exceed 5 acres	An ordinary claim.
If such area exceed 5 acres but does not exceed 20 acres	An extended claim or any lesser claim.
If such area exceeds 20 acres but does not exceed 50 acres	A special claim not exceeding 30 acres or any lesser claim.
such area exceeds 50 acres	A special claim or any lesser claim.

Persons upon whom the Right to mark out and take up Claims is conferred; their Order of Priority; and the Provisions subject to which such Right may be exercised.

1.

The persons, or groups of persons, upon whom the right to mark out and take up claims is conferred are,—

(1.)

The person (hereinafter called “the discoverer”) who, being the holder of a prospecting license in respect of the land, bonâ fide discovers gold thereon, and notifies the Minister in writing of the fact, date, and locality of the discovery, if the land is resumed, ceded, or brought within a mining district in consequence of such discovery and notification:

(2.)

The person who is the owner or occupier (hereinafter called “the proprietor”) of the land:

(3.)

The person (hereinafter, with all persons in the same group, called “the applicant”) pursuant to whose application and deposit the land is resumed:

Provided that, except in the case of separate proprietors as hereinafter mentioned, no such person or group of persons shall be entitled to mark out and take up more than one claim.

2.

The rights of the discoverer, the proprietor, and the applicant to mark out and take up claims shall, as against all other persons, have priority during the whole of the period referred to in subsection (c) of section 77 of this Act, but shall, as between themselves, be regulated as follows:—

(1.)

During the first half of the said period each separate proprietor shall (subject to the proviso hereinafter contained) have the exclusive right to mark out and take up a claim as aforesaid on such portion (if any) of his land as comprises the site of mining operations which he was bonâ fide carrying on at the time when, as the case may be, the discoverer notified the Minister, or the applicant made his application and deposit, or (in the absence of such notification or application) the land was ceded or resumed or brought within a mining district.

(2.)

Subject to the aforesaid exclusive right of the proprietor, the discoverer shall during the first half of the said period have the exclusive right to mark out and take up a claim as aforesaid on any portion of the land to which his discovery and notification relate.

(3.)

Subject to the aforesaid exclusive rights of the proprietor and the discoverer, the applicant shall, during the first half of the said period, have the exclusive right to mark out and take up a claim as aforesaid on any portion of the land to which his application for resumption relates.

(4.)

During the second half of the said period the rights of the discoverer, the proprietor, and the applicant (if or in so far as such rights have not already been exercised) shall be regulated by the date on which the claims are marked out and taken up.

Provided that the aforesaid exclusive right of the discoverer shall have priority over that of the proprietor in any case where the land was alienated from the Crown on or subsequent to the 29th day of September, 1873, or (if Native land) was alienated from the Native owners thereof to any person other than Her Majesty on or subsequent to the 30th day of August, 1888.

3.

The claims shall be marked out and taken up under the provisions of this Act in like manner as if the land were available for mining purposes.

4.

The right to take up a claim shall be deemed to include the right to a license for any other mining privilege to be used for the purpose of facilitating mining operations on such claim, and this Schedule shall be construed accordingly.

5.

The Warden shall have jurisdiction to determine all questions and disputes that arise in relation to the exercise of the aforesaid rights.

Sort by

Mining Act 1898

Mining Act 1898

Mining Act 1898

Contents

1 Short Title. Commencement.

2 Act divided into Parts.

Part I PRELIMINARY

3 Act not to apply to coal or coal-mining.

4 Application to diamonds and other precious stones.

5 Interpretation.

(1.)

(2.)

(3.)

(1.)

(2.)

(3.)

(4.)

6 Repeal. First Schedule. Saving.

7 Matters arising under repealed Acts to be determined thereunder.

8 Proclamations, &c., to continue in force.

9 Proclamations, &c., may be applied partially or generally.

Part II DISTRICTS AND APPOINTMENTS

10 Governor may constitute districts, alter boundaries, or withdraw Crown lands from.

11 Constitution of Wardens’ Courts and appointment of Wardens.

12 Appointment of Mining Registrars, Receivers of Gold Revenue, Clerks, and bailiffs.

Deputies thereof.

13 Appointment of Inspectors of Mines, and post-offices for payments.

14 Existing districts and Courts continued.

15 Persons continued in office.

16 Officers not to have personal interest.

17 Penalty on Warden for acting if interested.

Part III LANDS SUBJECT TO THIS ACT, AND LANDS EXEMPTED THEREFROM

Mining on Crown Lands

18 Crown lands in mining districts open for mining.

19 Leased lands in mining districts deemed Crown lands.

20 Crown lands may be set apart for mining or exempted therefrom.

(a.)

(b.)

21 Warden may temporarily reserve or exempt lands.

(a.)

(b.)

22 State forests subject to Act.

Saving as to timber.

Public Reserves, Endowments, and Native Reserves

23 Public reserves may be made in mining district.

24 Reserves and endowments exempt from Act.

25 Public reserves, endowments, or Native reserves may be brought under Act.

26 Protection of constructed works and saving of title of trustees.

27 Restriction of special power of alienation.

Native Lands

28 Native Land Court may declare Native land open for prospecting or ceded for mining purposes.

(a.)

(b.)

29 Native reserves available for mining purposes in certain cases.

30 Native ceded lands open for mining.

31 Fees in respect of Native ceded lands.

32 Business- and residence-sites on Native ceded land.

33 Penalty for mining on Native land without authority.

34 Saving of Acts relating to Native lands in Auckland District.

(a.)

(b.)

(c.)

35 Rights under Ohinemuri deed of cession not to abate on extinguishment of Native title.

36 Mining rights over Native lands when Native title extinguished.

Sale and Occupation of Crown Lands

37 Land Act not to apply except in certain cases.

38 Special regulations in such cases.

39 Lands may be declared open for sale.

40 Valuation for buildings and improvements.

41 Extension to persons in occupation without title.

42 Rights acquired protected whether reserved in Crown grant or not.

43 Grants of leases to certain occupiers in mining districts.

44 Provisions as to lands in West Coast coalfields.

45 Mining townships and suburban sections may be laid off.

(a.)

(b.)

(c.)

(d.)

(e.)

(f.)