THE NEW ACT.
The new Mining Act having now come in o operation, it will be advantageous for that portion of tbe public which is interested in gold mining companies to become acquainted with some of its provisions, and with the regulations supplementary to the Act. In the first place there are no more lease s to be issued ; this mode of allocation being replaced by a much more simple and less expensive system. Any person or company desiring to secure the sole right of working a large area of auriferous ground may apply to the Warden for a "licensed holding," and the Warden may grant a license for the occupation of the land, after hearing any objections, and without reference to the Governor, as was formerly requisite. The applicant has to deposit a sum sufficient to cover survey fees, and a further sum of L san security for the first year's rent and contingent charges, such as advertising and possible object rs' expenses. He is entitled to a refund of any balance that may remain in his favour after the hearing. Sim larly, an objector is required to lodge L 5 with the Receiver of Gold Revenue as security for the due prosecution of objections and for covering any expenses to which the applicant may be put by reason of such objections, if the objector fails to make good his case. Notices of objection have to be given in prior to the hea ( ing of the application, and a copy < f the objections must also be forwarded to the applicant. No specific time is fixed for putting in such objection?, which seems to be an oversight on the part of the f earners of the regulate on<*. As these now appear, an applicant may be confronted on the very day of hearing with objections of which he has had no previous intimation. This is so far from being in accordance with the usual course of judicial proceedings as to require immediate » ectification. Bents aie fixed at a lower and progressive scale. During the first three years of occupancy the licensee /is to pay 10s per acre ; for the succeeding two years, I 15s ; and for the remainder of the term 20s per acre, annual rental. The maximum term for which a license may be granted is 21 years. The remaining portions of the Act and regulations are merely repetitions with slight alte fttions of tbe rules now in force. But clause 183 of the Act is of very great importance to the holders of existing leases. The rent now charged upon such leass is 20s per acre. These may be exchanged for licenses und. r the new law.. Where leases have not been already held for the probationary periods of three and two years, such exchanges will be accompanied with a corresponding reduction of tents. And companies now about to commence operations can take the lull benefit of the Act in this respect. Where shares in claims are held by virtue of the possession of a miner's right, nob a day should be lost) in obtaining a renewal. The defunct Mines Act, and the Goldfields Act, both made provision for antedating miners' rights on renewal, but this most convenient arrangement foas been omitted from the Mining Act, and a single day's delay will imperil the legal right to any claim or folding. The Wardens on the Otas;o goldfields are very properly drawing attention to this omission, as ifc must be assumed to be. It is one which will .certainly be found extremely inconvenient to the miners and dangerous to the uninterrupted possession of their property. There is yefc time to repair the mistake by a regulation, and it is not too much to expect that this will be done before troublesome litigation has been engendered by an unnecessary departure from former law and usage.
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Bibliographic details
Otago Witness, Issue 1834, 14 January 1887, Page 12
Word Count
645THE NEW ACT. Otago Witness, Issue 1834, 14 January 1887, Page 12
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