GOLD PROSPECTING

Grey River Argus, 10 September 1940, Page 3

GOLD PROSPECTING

SPECIAL CONDITIONS. IMPOSITION HELD INVALID. WHANGAREI, September 9. It was intimtaed by Mr Raymond Ferner, S.M., in the Warden’s Court at Whangarei, that in future the Crown would not recognise special conditions that the Lands Department had in the past sought to impose cn prospecting licences. An application was before the Court, for a prospecting licence, and the Lands Department had suggested ithat .if the application was granted six special conditions should b e imposed bn Hie applicant. “As far as my experience goes, such conditions are not Imposed by (iie Warden’s Court in any other mining district in th P Dominion.” said Mr Ferner. “The validity of such conditions is, to say th e least, doubtful. It ha s been the practice for the Lands Department io suggest special' conditions, for the benefit of the occupier, should be imposed. Ther e is no provision in the Mining Act authorising special conditions Sections 74 and 75 provide a complete code for the protection of owners and occupiers of land. In futur e the conditions of th e Act will be observed.” Stating that he had always doubted the validity of special conditions, Mr L. T. Pickmere, who appeared on behalf of the applicant, said in the past his clients had for the safe of pea.ee, agreed to the conditions. *

Mr Ferner: Your clients could safely agree, as no action could br.> taken if the conditions were breached.