Mining.

A.—sb

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however, that all provisions of this Act which conflict with the terms of any such agreement shall be deemed to be superseded by such agreement so long as such agreement continues in force. 32. Until the freehold of Native ceded land is acquired by His o 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. 33. Notwithstanding anything elsewhere contained in this Act, the following special provisions shall apply, with respect to business--10 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 :— (a.) If the scale is higher than the license fees payable under this Act the scale shall supersede the Act. 15 (b.) 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 20 Native ceded land. 34. If any person carries on mining operations— (a.) On any Native ceded land without being duly authorised under this Act so to do ; or (b.) On any Native land without being duly authorised under this 25 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. 35. Nothing in this Act contained shall be deemed to affect " The Auckland Goldfields Proclamations Validation Act, 1869," or any of 30 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 :— do (a.) 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 40 until the freehold of such land is acquired by the Crown, be deemed to be money arising from miners' rights. (b.) 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 Gold--45 held Agricultural Leases Validation Act, 1876," of any land within the Ohinemuri Block may, at any time whilst he 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 6€ 3ame district would be open for sale : Provided nevertheless as follows, that is to say :—

Fees in respect of Native ceded lands. 1898, No. 38, sec. 31

Business and residence sites on Native ceded land. Ibid, sec. 32

Penalty for mining on Native land without authority. Ibid, sec. 33

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

3—A. sb.

17