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Public Works.

A.—sc.

mental park or pleasure-ground, without the previous consent of the Governor in Council or the consent in writing of the owner first obtained. 16. (1.) When any land" is or has been taken at any time by the 5 Governor or by any local authority under the authority of any Act or Provincial Ordinance for the construction of any public works, the Governor or such local authority shall not thereby be deemed to have acquired or to acquire any right to any mines of coal or other minerals whatsoever under any land so taken, except only such parts thereof 10 as are necessary for the proper and effectual construction, support, and maintenance of such works. (2.) And all such mines and minerals (excepting as aforesaid) shall be deemed to be and to have been excepted out of the Proclamation or other instrument under the authority whereof the land is, or has been, or may be taken. 17. In case any of the land so taken as last aforesaid is leasehold land of the Crown, held under lease granted under the provisions of " The Westland and Nelson Coalfields Administration Act, 1877," or any other Act relating to the granting of leases of land or 20 licenses to hold land for mining purposes, then and in such case the lessee or licensee or lessees or licensees of such land shall not be entitled to claim compensation in respect of any land so taken, but shall only be entitled to claim compensation for actual loss sustained through damage to his or their mine, or the works connected therewith, by reason 25 of the taking of such land. Procedure for taking. 18. Subject to the provisions of section ten hereof, whenever lands (other than Crown lands) are required to be taken for any public work, the Minister in the case of Government works, and the local 30 authority in the case of local works, — (a.) Shall cause a survey to be made and a plan to be prepared showing the lands required to be taken for the same (if any), together with the names of the owners and occupiers of such lands so far as they can be ascertained : and 35 (b.) (i.) Shall cause a copy of such plan to be deposited in some place in the road district in which such lands are, or, if such lands are not within a road district, in such other convenient place as the Minister or local authority respectively may direct; and 40 (ii.) Such plan shall be open to inspection by all persons at all reasonable hours; and (iii.) Any person having custody thereof, and refusing or obstructing such inspection, shall for every such offence be liable to a fine not exceeding five pounds : and 45 (c.) (i.) Shall cause a notice to be gazetted, and to be twice publicly notified, stating the place plan is open for inspection, with a general description of the works proposed to be executed, and of the lands required to be taken ; (ii.) And in such notice shall call upon all persons 50 affected to set forth in writing any well-grounded objections to the execution of such works or to the taking of such

Mines and minerals excluded from land taken for public works. 1894, No. 42, sec. 15

As to Crown mineral leaseholds. Ibid, sec. 16

Procedure for taking lands. Ibid, sec. 17

Surveys and plans to be deposited in road district.

Notice that objections to proposed works will be heard.

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