A.—sb.

Mining.

(3.) The Warden, with the consent of the Minister, may, on application by the holder of any claim, grant the right to use any part of the surface of any such reserve or endowment for the purpose of constructing ventilating-shafts, pumping-shafts, or for other special purposes required for working the claim. 5 28. (1.) A.ny Crown lands now or hereafter lawfully held or occupied under this Act or any former Mining Act by any person may, with the consent in writing of such person, be set apart as a reserve for any public use or purpose. (2.) Such reservation may, in accordance with the tenor of the con- 10 sent, be of the whole of the land, or of the surface and any specified depth from the surface. Every such consent shall be registered in the office of the Warden. Native Lands. jk 29. (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 20 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 Ri open for prospecting under the provisions of this Act without p| the consent of the owners or occupiers ;or 25 (b.) To be ceded to His 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. 30 (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. 30. Whereas in many cases Natives, when ceding blocks of land to the Crown for mining purposes, have reserved or may reserve therefrom 35 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 40 in this or any other Act contained, such areas shall be open for miningpurposes 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 one hundred and two hereof shall, mutatis mutandis, apply. 45 31. 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 ;

Occupied Crown lands may be reserved with consent of occupier. 1904, No. 33, sec. 3

Native Land Court may declare Native land open for prospecting or ceded for mining purposes. 1898. No. 38, sec. 28

Native reserves available for mining purposes in certain cases. Ibid, sec. 29

Native ceded lands open for mining. Ibid, sec. 30

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