Mining.

A.—6b.

(a.) 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 5 prospecting pursuant to the warrant or license. (b.) 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. 10 (c.) 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 15 given security to the satisfaction of the Warden for payment of all claims for compensation as they arise and are determined. 76. 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 20 such warrant or license to enter upon—■ (a.) 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 (6.) Any land whilst actually and lawfully under cereal or root crop ; 25 nor upon (c.) Any land situated within one hundred feet of any spring, artificial reservoir, dam, waterworks, or building ; nor upon (d.) Any private land the owner or occupier whereof satisfies the Warden that the same is being prospected as vigorously and 30 continuously as would be required in the case of a licensee under a prospecting license ; nor upon (e.) Any private land which is being mined in manner hereinbefore provided in paragraph (e) of section fifty -four hereof; nor upon 35 (/.) Any land which is being prospected in manner hereinbefore provided in paragraph (g) of section Mty-four hereof; nor upon (g.) Any land which is not open for prospecting without the consent of the owner or occupier,— 40 unless in each case the written consent of the owner and occupier of such land is given. Mineral Prospecting Warrants and Mineral Leases. 77. (1.) With the consent in writing of the Minister, the Warden within a mining district, or the Commissioner of Crown Lands outside 45 a mining district, may grant to any person a warrant (hereinafter referred to as " a mineral prospecting warrant ") authorising the holder to prospect for any one specified mineral over any Crown lands specified in the warrant not exceeding an area of ten thousand acres. (2.) Every application for a mineral prospecting warrant shall be 50 accompanied by a deposit of fifty pounde, for the first one thousand

Lands exceptedfrom prospecting. 1898, No. 38. sec. 74

Mineral prospecting warrant. 1904. No. 33, see. 12

5—A. sb.

33