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The Pamphlet Collection of Sir Robert Stout: Volume 44

Leases of Mineral Lands

Leases of Mineral Lands.

Mineral leases may be granted.

12. Notwithstanding anything contained in any Act relating to mining and to mining districts, it shall be lawful for the Board, with the assent of the Governor, to grant to any person applying for the same a lease of land containing or supposed to contain minerals other than gold, or possessing or supposed to possess any special value, upon the following terms and conditions, and upon such other terms and conditions as the Board shall deem necessary:—
(1.)

Conditions.

That the lease shall comprise so much land as shall in the opinion of the Board be necessary for the efficient working of the minerals or the beneficial use of the land supposed to possess special value.
(2.)The tern to be granted shall be any number of years not to exceed twenty-one, at the option of the lessee.
(3.)That a money rent be reserved.
(4.)That the lease may contain any or all of the following clauses:—
1.For securing payment of the rent:
2.For enabling some person on behalf of the lessor to enter and examine the mine:
3.For securing that a plan of the mine shall be made and kept on the works for inspection, on payment of a fee of five shillings for each inspection:page 183
4.For securing the regular, proper, and efficient mining and working of the minerals:
5.For making void the lease on breach by the lessee of the covenants therein contained:
6.For delivering up the property at the termination of the lease in good tenantable repair:
7.For enabling the lessee to abandon the working of the minerals whenever ho shall find the same unprofitable to work, and to surrender the lease:
8.For securing payment by succeeding tenant of valuation of buildings and machinery necessary to the proper working of the mine.
13. It shall be lawful for the Board, on the expiration

Compensation for improvements.

of any mineral lease, to cause all buildings and machinery necessary for the proper working of the mine then on the land held under such lease to be assessed, and the amount of valuation shall be paid by the incoming tenant to the Board before such incoming tenant shall be let into possession of the land to be comprised in the lease; and the Board shall pay over to the person who at the expiration of the old lease was the lessee or transferee and holder of such lease the amount received for such valuation: Provided always that no lessee shall have any claim for valuation or compensation for or on account of any improvements, either against the Crown or the Board; but when and as soon as any sum of money shall be received by the Board from any new lessee in payment of improvements, such sum shall be paid over by the Board to the person who at the expiration of the old lease was holder thereof.
14. Every application for a lease shall be sent in by the

Application dealt with.

applicant to the Land Office in Hokitika, in a form to be prescribed by the Board; and it shall be lawful for the Board either to grant or refuse the lease, or to put the lease of the land up to auction at a rent to be fixed by the Board.
15. The land comprised in any lease may, at the

Leased land may be submitted to auction.

request of the lessee, at any time after an occupation of three years, be put up to sale by auction, subject to the lease thereof already granted, at an upset price to be fixed by the Board, subject to the approval of the Governor.
page 184

Applicants to furnish plans before lease granted.

16. Every applicant for any such lease shall furnish to the Board, within a time to be fixed by the Board after the application shall have been agreed to, and before a lease shall be granted, a description of the land to be leased, with a plan, which shall be made and prepared by a surveyor to be approved of by the Board, at the expense of the applicant.