Nothing in this Act shall apply to—

Nothing in this Act shall be so construed as to in any way limit or affect the provisions of the Forest and Rural Fires Act 1955.

Nothing in Part II or Part IIa of the Land Settlement Promotion and Land Acquisition Act 1952 shall apply in respect of the granting, acquisition, or disposal of any mining privilege.

In this Act, unless the context otherwise requires,—

Every contractor, or tributer as defined by subsection (1) of section 123 of this Act, for the working of a mine or part of a mine, or for doing any specific work in a mine, shall be subject to this Act in the same manner as if he were the owner of the mine:

Provided that nothing in this subsection shall affect the liability under this Act of any owner of a mine.

Notwithstanding anything to the contrary in any Act or in any Crown grant, certificate of title, lease, or other instrument of title, all gold and silver existing in its natural condition on or under the surface of any land within the territorial limits of New Zealand, whether or not the land has been alienated from the Crown, shall be the property of the Crown.

Notwithstanding anything in this Act or in any other Act, or in any Crown grant, certificate of title, lease, or other instrument of title, but subject to section 2 of this Act and to section 4 of the Iron and Steel Industry Act 1959, the Governor-General may, by Order in Council, if he considers it to be in the public or national interest to do so, declare in respect of any land that any specified mineral on or under the land shall be prospected for or mined only by the holder of an appropriate mining privilege granted under this Act in respect of the land or any part of it.

Every Order in Council made under this section shall remain in force for a period of three years after the date on which it is made, or such shorter period as may be specified in the Order in Council, and shall then expire:

Provided that the Governor-General may from time to time, by Order in Council, extend the date of expiry for such period, not exceeding three years at any one time, as he may specify in the Order in Council.

Every Order in Council made under this section shall specify the area and description of the land to which it relates.

While any Order in Council made under this section continues in force—

Every contract or agreement entered into in contravention of paragraph (b) of subsection (4) of this section shall be void ab initio.

All alienations of land from the Crown made on or after the commencement of this Act, whether by way of sale, lease, or otherwise, shall be subject to the reservation in favour of the Crown of every mineral existing in its natural condition on or under the surface of the land.

Every such alienation of land from the Crown shall also be subject to the right to prospect for, work, extract, and remove every such mineral, and to the reservation of a right of way over or under the surface of the land, in favour of the Crown and the holder of any prospecting or mining licence granted under this Act in respect of the land or any other adjacent Crown land.

In respect of land to which subsection (2) of this section applies, there shall be paid to the owner, grantee, lessee, or licensee, or other person entitled to the land alienated, compensation for all damage done to improvements belonging to him caused by the exercise of any right conferred by that subsection, by the person exercising the right. Every claim for compensation under this subsection shall, in default of agreement, be assessed and settled under section 222 of this Act.

Nothing in subsection (2) of this section shall, without the written consent of the owner and occupier, confer any right of way or other right in respect of any land that comes within one or more of the following classes:

Notwithstanding anything in this section or in the corresponding provisions of any previous enactment, it shall be lawful for the owner, grantee, lessee, or licensee of, or other person entitled to, any land to which this section or any such corresponding provisions apply, that is not the subject of a mining privilege granted under this Act or any former Mining Act, to use any mineral existing in a natural state on or under the surface of the land for any agricultural, pastoral, household, roadmaking, or building purpose, on any land of which he is the owner, grantee, lessee, or licensee, or to which he is entitled.

For the purposes of this section, the term “right of way” means the right for the person in whose favour the right of way exists and his agents, employees, licensees, and invitees at all times to pass and repass, with or without horses or vehicles, and to transport minerals, machinery, and equipment.

Every Proclamation, Order in Council, order, rule, regulation, or Gazette notice made under this Act by the Governor-General or the Minister may be made from time to time, and so as to apply in any manner, partially or generally, in relation to matter, person, time, or place; and may at any time in like manner be revoked in whole or in part or amended.

There may from time to time be appointed, under the State Services Act 1962, a Chief Inspector of Mines and such number of persons to be Inspectors of Mines as may be required for the purposes of this Act.

The Chief Inspector of Mines shall have all the powers of and be deemed to be an Inspector of Mines and shall perform such duties and have such powers as the Minister may from time to time direct.

The Chief Inspector of Mines and every Inspector of Mines shall be the holder of a first class mine manager’s certificate or shall have such other qualifications and experience as the State Services Commission, after consultation with the Secretary, determines.

Notwithstanding anything in subsection (3) of this section, any Inspector within the meaning of the Coal Mines Act 1925 who is the holder of a first class mine manager’s certificate under that Act may, if so authorised by the Secretary, act as an Inspector under this Act with such duties and for such period as may be specified by the Secretary.

There may from time to time be appointed, under the State Services Act 1962, an Electrical Inspector of Mines.

It shall be the function of the Electrical Inspector of Mines to inspect electrical equipment and electrical wiring work used in mining operations, and, for the purpose of enabling him to carry out his duties more effectively, the provisions of sections 12 and 13 of this Act shall, with the necessary modifications, apply as if he were an Inspector of Mines.

Every Inspector may, at all reasonable times by day or by night, but so as not to impede or obstruct the working of the mine, enter and inspect any mine, and may from time to time make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and of any regulations for the time being in force under this Act are being complied with and whether sufficient steps are being taken to ensure the safety of the persons employed in or about the mine; and it shall be the duty of the owner of the mine and all persons in any way employed in or about the mine to afford such assistance as may be reasonably required for facilitating the inspection.

Inspectors shall have such other powers as may be reasonably necessary to carry into effect the provisions of this Act or as may be prescribed by regulations for the time being in force under this Act.

Every Inspector shall have all the powers of—

Provided that nothing in this Act shall abridge or annul any of the provisions of the Machinery Act 1950, or the Boilers, Lifts, and Cranes Act 1950, or affect the duties of any Inspectors or Engineer Surveyors appointed under either of those Acts in relation to the inspection in or about mines of machinery and boilers to which either of those Acts apply.

Every person commits an offence against this Act and is liable on summary conviction to a fine not exceeding two hundred dollars who—

Any direction or consent given, or exemption granted, by an Inspector pursuant to this Act in connection with the working, regulation, or inspection of a mine shall be in writing signed by the Inspector, and may be given or granted either absolutely or subject to such conditions as he imposes. Any such direction, consent, or exemption may at any time be altered or may be withdrawn or revoked.

All costs incurred by an inspector, or which may be awarded against him in any proceedings under this Act, shall be met from the Consolidated Revenue Account, out of money appropriated by Parliament for the purpose; and in no case shall an Inspector be personally liable for such costs.

Notwithstanding anything to the contrary in this Act, if an Inspector has given any direction, authorisation, or consent, whether on or subject to any conditions or not, the same or any other Inspector may take further steps thereon, or revoke or from time to time vary the direction, authorisation, or consent, or any condition on or subject to which it was given.

If it appears to an Inspector that any sanitary defect in a mine may be more effectually remedied or dealt with under the Health Act 1956, he shall notify a Medical Officer of Health who shall thereupon take such measures as may be necessary to effectually remedy or otherwise deal with the defect.

The Secretary may from time to time designate post offices at which prospectors’ rights may be issued by, and rents, royalties, and other money receivable under this Act may be paid to, the Postmaster or officer in charge of the post office.

The person who, immediately before the commencement of this Act, holds the office of Inspecting Engineer of Metalliferous Mines under the Mining Act 1926, shall, on the commencement of this Act, be deemed to have been appointed as the Chief Inspector of Mines under section 10 of this Act.

Every person who, immediately before the commencement of this Act, holds office as an Inspector of Mines under the Mining Act 1926, shall, on the commencement of this Act, be deemed to have been appointed as an Inspector of Mines under section 10 of this Act.

No person holding any office under this Act or employed by or under the Crown in any capacity in the administration of this Act shall hold, directly or indirectly, any pecuniary interest whatever in any mining privilege.

This section shall not apply to any Postmaster or employee of the Post Office.

Every person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding five hundred dollars.

All Crown land shall be open for mining, subject to and in accordance with the provisions of this Act.

Notwithstanding anything to the contrary in the Coal Mines Act 1925, all Crown land that is subject to a coal mining right granted under that Act shall be open for mining, subject to and in accordance with the provisions of this Act.

The land described in the First, Second, and Third Schedules to the Westland and Nelson Coal Fields Administration Act 1877 shall be open for mining, subject to and in accordance with the provisions of this Act, in the same manner as Crown land.

Notwithstanding anything to the contrary in this Act, every application for a mining privilege in respect of any land to which subsection (1) of this section applies shall be referred to the Harbour Board or other authority, as the case may be, that is entitled to the rents and profits of the land to which the application relates, for a report of the Board or authority on the application.

Such portion of any money received by the Secretary under section 223 of this Act in respect of land to which this section applies as constitutes rent and royalties shall, subject to subsection (4) of section 224 of this Act, be paid to the Board or authority, as the case may require.

If inconsistency or conflict appears between the provisions of this Act relating to the application for and grant of mining privileges and the provisions of the Westland and Nelson Coal Fields Administration Act 1877, the provisions of this Act shall prevail.

The Minister may from time to time, by notice in the Gazette,—

Every such notice shall specify the area and description of the land to which it relates.

So long as any land is so set apart for mining purposes exclusively, or for any specified mining purposes exclusively, it shall not be available for any other purpose.

So long as any land is so exempted from mining or from any specified mining purpose, or from this Act or any specified provisions of this Act, the land shall, to the extent of the exemption, cease to be subject to the operation of this Act.

A mining privilege shall not entitle its holder to enter on, take possession of, or interfere with, any Crown land that is—

without the written consent of the occupier, unless the Magistrate’s Court nearest to the land by order otherwise directs.

The Court shall not grant an order under subsection (1) of this section unless it is satisfied that the land is bona fide required for mining purposes and that compensation for improvements (but not for the value of the land), injurious affection, and all other loss or damage suffered by the occupier has been agreed upon or has been assessed and settled under section 222 of this Act.

No order made by a Magistrate’s Court under this section shall remain in force for more than six months after the date of its making, unless within that period the holder of the mining privilege on whose application the order was made proceeds to exercise the rights conferred by the order.

Notwithstanding anything to the contrary in any other Act, all land of the classes referred to in subsection (2) of this section shall, subject to subsection (4) of this section, be open for mining.

The classes of land to which subsection (1) of this section applies shall be—

The Governor-General may from time to time, by Order in Council, apply the provisions of this section to any specified land or class of land.

Subject to subsection (1) of section 57 of this Act, a mining privilege (other than an exploration licence) in respect of land to which this section applies shall not be granted without the written consent of the appropriate Minister:

Provided that an exploration licence shall not be granted in respect of land in a National Park or public reserve without the written consent of the Minister of Lands.

The appropriate Minister to grant his consent under this section shall be the Minister for the time being charged with the administration of the land or with the administration of the enactment (if any) to which the land is subject, or, if there is no such Minister, shall be the Minister of Mines. If any question arises as to who is the appropriate Minister to grant his consent under this section in any case it shall be determined by the Governor-General in Council, whose decision shall be final.

The appropriate Minister may refuse his consent or may give his consent unconditionally or subject to such terms and conditions as he thinks fit to impose.

Without limiting the generality of subsection (6) of this section, the appropriate Minister may, in respect of the grant of prospecting licences relating to the classes of land referred to in paragraph (a), paragraph (b), or paragraph (c) of subsection (2) of this section, impose a condition that a mining licence shall not be granted under subsection (1) of section 57 of this Act in respect of any specified area that in his opinion contains any natural features, flora, or fauna that in the public interest should not be disturbed.

In respect of land in a National Park or public reserve, the Minister of Lands shall, before giving his consent under this section, consult with—

If any land to which this section applies (other than land in a National Park or public reserve) is held by or on behalf of or is controlled in whole or in part by any local authority, public body, or trustees, the appropriate Minister shall not make any decision in respect of an application for his consent under this section without first consulting the local authority, public body, or trustees, as the case may require:

Provided that no decision of the appropriate Minister shall be held to be invalid on the ground that this subsection has not been complied with.

Nothing in this section shall authorise the felling or removal of timber on or from State forest land except under the provisions of the Forests Act 1949.

Subject to subsection (1) of section 57 of this Act, a mining privilege shall not be granted in respect of—

unless the written consent of the Minister of Marine has been obtained.

The Minister of Marine may refuse to consent or may give his consent unconditionally or subject to such terms and conditions as he thinks fit to impose.

If an application for a mining privilege is in respect of any land on the foreshore or seabed that is under the control of a Harbour Board, a mining privilege shall not be granted until details of the proposed privilege and the terms and conditions (if any) proposed to be attached to the privilege have been submitted to the Harbour Board.

In this section and in section 29 of this Act, “endowment” means any land set apart under any Act by way of endowment for any public body or local authority, in whoever the fee simple of the land is vested.

With the written consent of the public body or local authority that has the administration of the revenue arising from any endowment, the Minister may, by notice in the Gazette, bring the endowment or any specified part of it within the operation of this Act or of any specified provisions of this Act.

While any such notice continues in force the provisions or the specified provisions of this Act, as the case may be, shall apply to the land described in the notice as if it were Crown land open for mining, subject to such conditions, modifications, and restrictions (if any) as the Minister thinks fit to specify by the same or any subsequent notice.

Notwithstanding anything to the contrary in this Act, the Governor-General may from time to time, by Order in Council, declare that any land to which section 26 of this Act applies, or any endowment, shall be open for mining at such depth below the surface of the land (being not less than fifty feet) as may be specified in the Order in Council.

While any Order in Council made under subsection (1) of this section continues in force a mining privilege over the land to which it relates may be granted in the same manner as if the land were Crown land open for mining:

Provided that, in respect of any land to which section 26 of this Act applies, subsections (4) to (9) of that section shall apply.

No mining privilege shall be granted under subsection (2) of this section unless it has attached to it a condition that all mining operations are to be carried out at a depth below the surface of the land greater than that specified in the Order in Council relating to the land; and any mining privilege so issued without such a condition attached to it shall be invalid.

On application by the holder of a mining privilege granted under subsection (2) of this section, there may be granted by the Minister to such holder the right to use any part of the surface of the land in respect of which the privilege was granted for the purpose of constructing ventilating shafts, pumping shafts, or for other special purposes necessary for exercising the privilege.

A grant of a right under subsection (4) of this section shall be deemed to be the grant of a mining privilege for the purpose of subsections (4) to (9) of section 26 of this Act, if the land concerned is land to which that section applies.

Where a mining privilege has been granted under subsection (2) of this section—

All Maori land shall, with the written consent in the prescribed form of the owners and occupiers, be open for mining.

Every transaction whereby the owners of Maori land—

shall, for the purposes of the Maori Affairs Act 1953, be deemed to be an alienation of the land otherwise than by way of transfer, and Part XIX or Part XXIII of that Act, as the case may require, shall apply accordingly:

Provided that, if a transaction to which this subsection applies is effected under Part XXIII of that Act, any rent payable at a prescribed rate, and any royalties payable at a rate determined by the Minister under section 85 of this Act, or at a rate determined under section 86 of this Act, in respect of the transaction, shall, for the purposes of section 318 of the Maori Affairs Act 1953, be deemed to constitute adequate consideration in respect of the transaction.

All money payable under section 224 of this Act in respect of Maori land shall be deemed to be proceeds derived from the alienation of the land and shall, subject to subsection (4) of the said section 224, be paid to the Maori Trustee in accordance with section 231 of the Maori Affairs Act 1953, and the provisions of the said section 231 shall apply accordingly.

Where, under any provision of this Act, notice is required to be served on, or notice is required to be given to, the owner of land, notice shall be deemed to have been served on or given to all the owners of any Maori land if it has been served on or given to such owner or owners as have been nominated for the purpose by the Registrar of the Maori Land Court at the request of the person required to serve or give the notice.

On receiving any such request the Registrar shall nominate all owners whose current addresses are known to him.

Subject to the provisions of this section, where compensation is payable under this Act in respect of Maori land, the provisions of section 222 of this Act shall, notwithstanding anything in any other enactment, apply in all respects as if the land were European land.

Except where any such land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Maori Trustee), any agreement fixing the amount of the compensation or any claim for compensation shall be entered into or made by the Maori Trustee on behalf of any person having any freehold interest in the land and, in any such case, the Maori Trustee shall have all the rights and powers conferred on persons having rights to compensation under section 222 of this Act:

Provided that the rights and powers conferred on the Maori Trustee by this subsection shall not be exercised in respect of any interest in land less than a freehold interest.

If any such land is owned by a single owner in severalty or is vested in trust in a body corporate or a trustee (other than the Maori Trustee), the owner or the body corporate or the trustee, as the case may be, may appoint the Maori Trustee as his or its agent to act in respect of any claim for compensation; and in any such case the Maori Trustee, if he accepts the appointment, shall have all the powers and discretions of the person appointing him in respect of the claim.

Any compensation agreed upon or awarded in any case where the Maori Trustee is acting for the person entitled to it shall be paid to the Maori Trustee; and, subject to subsection (5) of this section, the Maori Trustee shall distribute the compensation money, after making any proper deductions, to the persons entitled to it.

If in any case he thinks fit to do so, the Maori Trustee may apply to the Maori Land Court to determine to whom, and in what proportions, any compensation money paid to him under this section should, according to what the Court considers just and equitable in the circumstances, be distributed; and the compensation money shall be distributed in accordance with any order made by the Court in that behalf.

Any determination or decision of the Maori Trustee under subsection (2), subsection (3), or subsection (4) of this section shall be binding on all persons whom he represents, and anything done or omitted to be done by the Maori Trustee in the exercise of his rights and powers under those subsections shall not be actionable at the suit of any person.

Subject to subsection (2) of this section, all rights to authorise the carrying on of mining operations on Maori ceded land (as defined in section 4 of the Mining Act 1926) that are held by the Crown, or the Governor-General or the Minister on his behalf, whether acquired by cession, agreement, or otherwise, are hereby relinquished; and every deed of cession, agreement, or other document by which the rights were acquired shall cease to operate and no longer have any force or effect.

Subsection (1) of this section shall not apply in respect of any Maori ceded land (as so defined) that is the subject of—

All private land the minerals on or under which are not owned by the Crown shall, with the written consent in the prescribed form of the owner and occupier of the land and the owner of the minerals, be open for mining, subject to and in accordance with the provisions of this Act, and subject also to any agreement relating to mining to which the owner of the land or minerals is a party to the extent to which the agreement is consistent with the provisions of this

Without limiting the provisions of section 8 of this Act, if any minerals on or under any private land are owned by the Crown, whether pursuant to any enactment or otherwise, the land shall, with the written consent in the prescribed form of the owner and occupier, be open for mining, subject to and in accordance with the provisions of this Act.

If the owner or occupier of any private land or Maori land fails or refuses to consent to the grant of a mining privilege in respect of the land, any person who wishes to obtain a mining privilege in respect of the land may apply to the Secretary to have the land declared to be open for mining as if it were Crown land.

On receiving an application under subsection (1) of this section, the Secretary shall report on it to the Minister. On receipt of the report the Minister may authorise a geologist to make a survey of the land in respect of which the application was made and to make a report on whether there is a reasonable likelihood of the land containing any mineral in payable quantities or whether it is of geological interest.

If the geologist, on completion of the survey, reports to the Minister that there is, in the geologist’s opinion, a reasonable likelihood of the land containing any mineral in payable quantities or that it is of geological interest, the Minister may cause to be served on the owner and occupier of the land a notice in writing stating that unless, within a period of six months after the date on which the notice was served, the owner and occupier make arrangements satisfactory to the Minister with the person who has made the application under subsection (1) of this section, the land may be declared to be open for mining as if it were Crown land.

No owner or occupier of land who has had served on him a notice under subsection (3) of this section shall, within the period of one year after the date of receipt of the notice, enter into any arrangement for the prospecting or mining of any mineral on or under the land to which the notice relates with any person other than the person who has made the application in respect of the land under subsection (1) of this section.

If arrangements satisfactory to the Minister (including, if necessary, an agreement to grant a right of way to the applicant) have not been made between the owner and occupier and the applicant within the period of six months referred to in subsection (3) of this section, the Governor-General, within three months after the expiry of the said period of six months, may by Order in Council, on the recommendation of the Minister, declare the land in respect of which the notice was served or any part of it to be open for mining as if it were Crown land, if he considers it to be in the national interest to do so.

If any land has been declared to be open for mining under subsection (5) of this section, the person who applied for the declaration to be made shall, for a period of three months after the date on which the Order in Council was made, have the right in priority over any other person to have a mining privilege granted to him in respect of the land.

Nothing in this section shall apply to any land that comes within one or more of the following classes:

Instead of recommending that any land be declared to be open for mining under section 37 of this Act, the Minister may, subject to subsection (2) of section 30 of this Act, agree in writing with the owner and occupier of the land that it be open for mining in the same manner as Crown land.

Any person employed by the Crown and authorised either specially or generally in writing by the Minister may in the course of his employment, during the daytime,—

Before entering on any land under this section, the person authorised to do so shall, if practicable, give reasonable notice to the owner and occupier of the land of his intention to enter, and shall, if required by the owner or occupier, produce the authority under which he claims to enter or to have entered the land.

The owner and occupier of the land shall be entitled to compensation (according to their respective interests) for any damage caused by a survey made under this section. In default of agreement, the amount of compensation shall be assessed and settled under section 222 of this Act.

Every person commits an offence against this Act who—

Every person who carries on mining operations on any land without being duly authorised under this Act to do so commits an offence and is liable on summary conviction to a fine not exceeding four hundred dollars and, if the offence is a continuing one, to a further fine not exceeding ten dollars for every day or part of a day during which the offence has continued.

Subsection (1) of this section shall not apply in respect of mining operations carried on by or with the consent of the owner of the land if—

Any person who is convicted of an offence under this section shall not thereby be relieved from any other obligation or liability he may have incurred by reason of carrying on unauthorised mining operations.

Any person who owns minerals in their natural state may take proceedings in any Court of competent jurisdiction for the recovery of the minerals or their value from any person who unlawfully mines the minerals.

No action shall lie for any trespass on any land, mining privilege, or easement held or acquired under this Act or any former Mining Act unless, at the time of the alleged trespass, the land, privilege, or easement was visibly occupied or being used by the person alleging the trespass or was by visible boundary marks appropriated to him.

No Crown grant or conveyance, nor the grant of any mining privilege, shall have the effect of revoking or injuriously affecting any existing mining privilege acquired and held under this Act or any former Mining Act, whether or not any reservation or exception of the existing mining privilege is contained in the Crown grant or conveyance or the grant of the mining privilege.

Every such Crown grant or conveyance and every such grant of a mining privilege shall be deemed to contain an express reservation of the rights to which the holder of the existing mining privilege is entitled.

On application by any person who is not less than fourteen years of age there shall, on payment of the prescribed fee, be issued to him a prospector’s right in the prescribed form signed by or on behalf of the Secretary, or by an Inspector, or by a Postmaster or officer in charge of any post office designated under section 18 of this Act.

Every prospector’s right shall state—

Every prospector’s right shall—

Any person may hold more than one prospector’s right.

The rights conferred on the holder of a prospector’s right under section 46 of this Act may be exercised only in respect of unoccupied Crown land.

The issue of a prospector’s right shall not confer any right or title to or interest in any other mining privilege, but shall be a personal qualification authorising the holder of the right and his agents and employees, while it continues in force and subject to section 45 and all the other relevant provisions of this Act, to do all or any of the following things:

The exercise of any such rights by the holder of a prospector’s right on any land shall not prevent any other such holder from exercising those rights on the same land.

No person shall do any of the things referred to in subsection (1) of this section on any unoccupied Crown land unless he is the holder of a prospector’s right issued under section 44 of this Act.

Sections 48 to 58 of this Act shall only apply to land open for mining under this Act.

Subject to the provisions of this Act, the Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the licence, grant to any person a prospecting licence under this Act.

The area of land in respect of which any one prospecting licence is granted shall not exceed ten thousand acres or such lesser area as the Minister from time to time or in any particular case determines.

Every application for a prospecting licence shall specify the proposed method of prospecting.

If any land to which an application relates is open for mining only with the consent of the owner and occupier, the consent in the prescribed form of the owner and occupier to the grant of a prospecting licence shall be attached to the application or subsequently lodged with or forwarded to the Secretary. Every such consent shall also be deemed to be a consent to the renewal of the prospecting licence and, subject to sections 57 and 58 of this Act, to the grant of mining licences under the said section 57.

Every prospecting licence shall remain in force for a period of three years after the date on which it was granted, or for such shorter period as the Minister may specify in the licence, and shall then expire.

Subject to subsection (3) of this section, the holder of a prospecting licence may, on making application in the prescribed form and on payment of the prescribed fee, be granted a renewal of the licence for any period not exceeding the period during which the expired licence was in force.

No licensee shall be granted more than one renewal of a licence.

An application for the renewal of a prospecting licence shall have priority over every other application for a mining privilege in respect of the same land if—

Any marking out or survey done or made for the purposes of any expired licence may be used for the purposes of an application for renewal of the licence if the marks have, in the opinion of an Inspector, been satisfactorily maintained.

In respect of every prospecting licence there shall be payable by the licensee, at the prescribed times or at the times specified in the licence, such rent as may be prescribed.

Every prospecting licence shall be deemed to be granted subject to the following conditions:

For the purposes of paragraph (a) of subsection (1) of this section, the testing of minerals extracted or taken from any land shall be deemed to be the carrying out of prospecting operations.

This section shall apply only to prospecting licences granted in respect of land with an area of one hundred acres or less.

Before making an application for such a prospecting licence the applicant shall mark out the land in respect of which the licence is sought in the prescribed manner. Any such marking out need not be done by a registered surveyor.

The application shall be accompanied by a plan that has the land in respect of which a licence is sought clearly delineated and identified on it by reference to the area of the land and its legal description and ownership, and by reference to its location in relation to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require.

This section shall apply only to prospecting licences granted in respect of land with an area of over one hundred acres.

Every application for such a prospecting licence shall be accompanied by a plan that has the land clearly delineated and identified on it by reference to the area of the land and its legal description and ownership, and by reference to its location in relation to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require; but it shall not be necessary for the land to be marked out or surveyed.

Every such application shall also be accompanied by such monetary deposit or bond as may be prescribed.

Every prospecting licence granted in respect of land to which this section applies shall be held under such conditions relating to programme of work, methods of prospecting, and expenditure of money as may from time to time or in any particular case be approved by the Minister.

The holder of a prospecting licence may, while it continues in force,—

The rights conferred by this section shall be exclusive rights in relation to the land in respect of which the prospecting licence was granted.

Any monetary deposit or balance of any monetary deposit lodged with an application for a prospecting licence that cannot lawfully be refunded in accordance with any regulations for the time being in force under this Act shall become the property of the Crown and shall be paid into the Consolidated Revenue Account.

Subject to section 58 and subsection (3) of section 69 of this Act and subject to any condition imposed under subsection (7) of section 26 of this Act, the holder of a prospecting licence shall, while it continues in force, have the right to have granted to him one mining licence in respect of any one part of the land to which the prospecting licence relates.

Subsections (4), (5), (6), and (7) of section 104 of this Act shall not apply in respect of any application for a mining licence made under subsection (1) of this section, and it shall not be necessary for the applicant to obtain the consent of any person to the grant of the licence.

If the holder of a prospecting licence applies for more than one mining licence in respect of the land to which the prospecting licence relates, the granting of mining licences in excess of one shall be at the discretion of the Minister, but the applicant shall, while the prospecting licence continues in force, have the right in priority over any other person to have the additional mining licences granted to him.

Subject to subsection (3) of this section, all the provisions of this Act relating to mining licences shall apply in respect of every mining licence applied for under that subsection.

If any prospecting licence is in force in respect of private land, Maori land, or land to which section 26 or section 27 of this Act applies, a mining licence shall not be granted under section 57 of this Act until written notice of the intention to grant the licence and of the right to require conditions to be attached to the licence has been given by the Secretary to—

and the period allowed for the service of a notice under subsection (2) of this section has expired.

Within one month after receiving a written notice under subsection (1) of this section or within such longer period as the Minister of Mines may in any case allow, the owner and occupier of the land, the appropriate Minister, or the Minister of Marine, as the case may be, may serve on the Minister of Mines a written notice requiring conditions to be attached to the mining licence, being conditions relating to—

If a notice is served on the Minister of Mines under subsection (2) of this section, a copy of it shall be served on the applicant for the mining licence either before or immediately after it is served on the Minister.

Subject to subsection (10) of this section, if the Minister receives a written notice in accordance with subsection (2) of this section, he shall not grant the mining licence to which the notice relates unless the required conditions are specified in the licence.

In the case of private land or Maori land, if the applicant for a mining licence considers that any such condition is unreasonable, he may serve on the Secretary a notice of objection stating the grounds of the objection. A copy of the notice of objection shall be served on the owner and occupier of the land either before or immediately after it is served on the Secretary.

On the receipt of such a notice of objection, the Secretary shall forward it and all other papers and documents relating to the objection to the Registrar of the Magistrate’s Court nearest to the land concerned or, with the consent of the parties to the objection, to the Registrar of any other Magistrate’s Court.

On receiving the notice of objection, the Registrar of the Court shall give notice of the time and place fixed for the hearing of the objection to the parties to the objection. The parties to the objection, either personally or by their counsel, shall be entitled to be present and to be heard at the hearing of the objection.

On hearing the objection, the Court shall allow the objection in whole or in part or decline it.

The Registrar of the Court shall transmit to the Secretary a memorandum of the Court’s decision.

On receiving the memorandum of the Court’s decision, the Minister shall, subject to section 239 of this Act, proceed to grant the mining licence in accordance with the Court’s decision.

An exploration licence may be granted in respect of any land, whether or not it is open for mining under this Act and whether or not it is the subject of any other mining privilege:

Provided that an exploration licence may not be granted in respect of any land that is already the subject of an explorartion licence without the written consent of the holder of the existing licence.

The Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the licence, grant to any person an exploration licence.

The area of land in respect of which any one exploration licence is granted shall not be less than ten thousand acres nor more than two hundred square miles.

The Minister shall not grant an exploration licence under this section unless he is satisfied that—

Every application for an exploration licence shall contain or be accompanied by a statement specifying—

The land in respect of which an exploration licence is sought need not be marked out, but the application shall be accompanied by a map that in the Secretary’s opinion sufficiently delineates and identifies the land.

As soon as practicable after receiving an application under this section the Secretary shall forward it to the Minister together with a report.

Every application for an exploration licence shall be accompanied by such monetary deposit or bond as may be prescribed.

Any deposit or balance of any deposit that cannot lawfully be refunded in accordance with any regulations for the time being in force under this Act shall become the property of the Crown and shall be paid into the Consolidated Revenue Account.

Every exploration licence shall remain in force for a period of two years after the date on which it was granted, or for such shorter period as the Minister may specify in the licence, and shall then expire.

In respect of every exploration licence there shall be payable by the licensee, at the prescribed times or at the times specified in the licence, such rent as may be prescribed.

Every exploration licence shall be deemed to be granted subject to the condition that the licensee will explore for minerals on a large scale, and—

Subject to subsection (2) of this section, every holder of an exploration licence shall be deemed to be a person specially authorised by the Minister under section 39 of this Act in relation to the land in respect of which the licence was granted; and the provisions of that section shall apply accordingly.

The holder of an exploration licence shall not, without the consent of the owner and occupier, enter on any land that is—

Every exploration licence shall be deemed to be granted subject to the condition that the licensee will not interfere in any way with any mining operations or prospecting being carried out under a mining privilege, other than a prospector’s right.

The holder of an exploration licence shall, while it continues in force, have the right in priority over any other person to have granted to him one or more prospecting licences in respect of those parts of the land in respect of which the exploration licence was granted that are open for mining and that are not the subject of an existing mining privilege, other than a prospector’s right.

The Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the licence, grant to any person a mining licence in respect of any land that is open for mining.

Any person may be granted more than one mining licence.

The area of land in respect of which any one mining licence is granted shall not exceed one thousand acres or such lesser area as the Minister from time to time or in any particular case determines:

Provided that the area in respect of which any mining licence relating to the classes of land referred to in paragraphs (a), (b), and (c) of subsection (2) of section 26 of this Act is granted in accordance with section 57 of this Act, shall be such as the Minister, acting with the concurrence of the appropriate Minister within the meaning of subsection (5) of the said section 26, in any particular case determines.

Every application for a mining licence shall contain or be accompanied by a statement specifying—

As soon as practicable after receiving an application under this section the Secretary shall forward it to the Minister together with a report.

If—

the consent in the prescribed form of the owner and occupier to the grant of a mining licence shall be attached to the application or subsequently lodged with or forwarded to the Secretary.

Before making an application for a mining licence the applicant shall mark out in the prescribed manner the land in respect of which a licence is sought. Any such marking out need not be done by a registered surveyor.

The application shall be accompanied by a plan that has the land in respect of which a licence is sought clearly delineated and identified on it by reference to the area of the land and its legal description and ownership.

The plan shall also show details of the ground marks used in marking out the land and sufficient information relating to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require, to enable the area to be located on the ground and its position fixed in relation to existing surveys and land titles.

A mining licence shall not be granted until the Chief Surveyor has certified the plan as being satisfactory for the purpose of identifying the land.

If any application for a mining licence is made in respect of land that includes any portion of land included in a current prospecting licence held by a person other than the applicant, any mining licence granted shall not include any such portion of land unless the holder of the prospecting licence has been given written notice of the application by the Secretary and been afforded an opportunity of applying for and obtaining a mining licence in respect of that portion.

If the holder of the prospecting licence does so apply, his application shall have priority. If he declines or fails to so apply within thirty days after receiving notice of the application by the other person or if he fails to accept the mining licence when it is granted, he shall be deemed to have surrendered his prospecting licence in respect of the portion of land concerned.

Where any prospecting licence is deemed to have been surrendered, whether in whole or in part, under subsection (2) of this section, the Secretary shall as soon as practicable lodge a written notice to that effect with the District Land Registrar.

Notwithstanding anything to the contrary in this Act, every right, title, and interest held under a prospecting licence that is deemed to have been surrendered under subsection (2) of this section, shall absolutely cease and determine in respect of the total area of land to which the prospecting licence related or to that part of it surrendered, as the case may be, on the date on which the notice under subsection (3) of this section is lodged with the District Land Registrar.

If only part of a prospecting licence is deemed to have been surrendered under subsection (2) of this section, that fact shall be endorsed on the licence by the Secretary; and thereafter the rent payable in respect of the licence shall be reduced by the same proportion that the area surrendered bears to the total area before surrender.

Except as otherwise provided in section 74 of this Act, a mining licence shall not be granted until the applicant has caused the land in respect of which the licence is sought to be surveyed, and the Secretary has received a survey plan of the land certified by the Chief Surveyor.

Every survey made for the purposes of subsection (1) of this section shall be made by a registered surveyor in accordance with such regulations relating to surveys as are for the time being in force under the Surveyors Act 1966.

Every survey plan made for the purposes of subsection (1) of this section shall be lodged with the Chief Surveyor for certification. As soon as practicable after the receipt of such a plan, the Chief Surveyor shall cause it to be approved as to survey and forward a copy of it, certified by him, to the Secretary.

If a survey of land is to be made after the application for a mining licence in respect of the land has been lodged, the Minister may in his discretion, if it appears that no valid objection to the grant of the licence exists, advise the applicant whether or not it is likely that a mining licence will be granted.

A survey of land in respect of which a mining licence is sought need not be made if—

Notwithstanding anything in subsection (1) of this section, the Secretary may, at the cost of the applicant, arrange for a registered surveyor to inspect any land to which an application relates and to report to the Secretary as to whether the boundaries as marked out by the applicant are coterminous with those shown on any survey or other plan.

Notwithstanding anything in section 73 or section 74 of this Act, the Minister may at any time require the land in respect of which any mining licence is in force to be surveyed in accordance with subsection (2) of the said section 73.

The dimensions and boundaries of the land in respect of which a mining licence is granted shall be fixed by the Minister at the time of the grant.

While the licence is in force the licensee shall keep the boundaries marked in a distinctive manner or, if the manner of keeping the boundaries marked is prescribed, in the prescribed manner, and shall point them out to any holder of a prospector’s right or applicant for a mining privilege forthwith and not in any event later than forty-eight hours after being served with a notice in writing requiring him to do so.

Every mining licence shall remain in force for a period of forty-two years after the date on which it was granted, or for such shorter period as the Minister may specify in the licence, and shall then expire.

The licensee shall have the right in priority over every other person to have granted to him a new mining licence in respect of the land to which the existing licence relates, if he applies for the new licence not later than thirty days before the expiry of the existing licence.

A mining licence may be granted in respect of land notwithstanding that the mineral to be mined forms wholly or partly the surface and subsoil of the land.

Except as provided in section 80 of this Act, the holder of a mining licence shall not mine or remove any mineral that is not specified in the licence, and shall not be entitled to the ownership of any such mineral.

Notwithstanding anything to the contrary in this Act, the Minister may authorise the holder of a mining licence to mine any mineral not specified in the licence.

Every application for such an authorisation shall be forwarded to or deposited with the Secretary, together with the prescribed application fee.

The Minister shall not grant any such application in respect of land to which section 26 of this Act applies without the written consent of the appropriate Minister within the meaning of subsection (5) of that section.

Any authorisation by the Minister under this section may be granted either unconditionally or subject to such conditions, including conditions relating to the payment of royalties, as the Minister thinks fit.

The grant or refusal of any authorisation under this section shall be in the absolute discretion of the Minister; and every such authorisation shall be in writing and shall be signed by the Minister.

Every authorisation under this section shall forthwith be forwarded by the Secretary to the District Land Registrar, who shall note it on the mining licence affected.

Every mining licence shall be deemed to be granted subject to the condition that the licensee shall—

On granting a mining licence, or at any time thereafter, the Minister may impose on the licensee such conditions as the Minister thinks fit for the purpose of preventing, or reducing, or making good, injury to the surface of the land to which the licence relates or injury to anything on the surface of the land.

Without limiting the generality of the power conferred on the Minister by subsection (1) of this section, the Minister may, on granting a mining licence or at any time thereafter, impose on the licensee a condition that mining operations shall not be carried out within such distance of the surface of the land to which the licence relates as the Minister may specify.

The Minister may at any time cancel or vary any condition imposed by him under this section.

In every case where an application for a mining licence specifies a method of mining proposed to be used that will disturb the surface of the land, whether by way of dredging, sluicing, or other means, the Minister shall, before granting the licence, forward copies of the application to—

If a Commissioner of Crown Lands, Catchment Board, Catchment Commission, the Waikato Valley Authority, or the Soil Conservation and Rivers Control Council, receives a copy of an application under subsection (1) of this section, he or it shall forward a report to the Minister in accordance with that subsection within one month after receiving a copy of the application or within such longer period as the Minister may in any case allow; and if the report is not received by the Minister within that period the Minister may proceed to grant the mining licence.

After the consideration of any reports received by him under subsection (1) of this section and after giving the applicant an opportunity to comment on the reports, the Minister may, on granting a mining licence or at any time thereafter, specify in the licence such conditions as he thinks fit for the purpose of—

Every mining licence shall be deemed to be granted subject to the condition that the licensee shall—

The minimum sums of money approved by the Minister under paragraph (b) of subsection (1) of this section may be different for each year during the specified period.

If in any year a licensee expends a sum of money in excess of the specified minimum sum, the amount of the excess shall, for the purposes of this section, be deemed to have been expended in the immediately following year:

Provided that any sum of money deemed to have been expended in any year by virtue of this subsection shall not be deemed to have been expended in any subsequent year.

For the purposes of calculating the expenditure of money in any year, the holder of a mining licence shall, to the extent to which he is personally engaged in mining operations on the land to which the licence relates, be deemed to be employed in the operations and to be in receipt of wages.

In order to comply with any conditions relating to the expenditure of money and programme of work, the holder of a mining licence need not, if dredging is the method of mining to be used, use more than one dredge unless the Minister otherwise orders. In determining whether to make an order under this subsection the Minister shall have regard to the area of land to which the mining licence relates and to the facilities available for mining operations; and no such order shall be made unless an Inspector has recommended it and unless the holder of the mining licence has had an opportunity of showing cause against the order.

If the Minister is satisfied that, because of unforeseen difficulties in carrying out mining operations, or other sufficient reason (including the holding of areas in reserve for future mining operations), the holder of a mining licence has been or will be unable to comply with any condition relating to—

he may by notice in writing given to the holder of the licence suspend the operation of the condition for such period as he thinks fit.

Notwithstanding anything in this section, the Minister may in his discretion, in respect of any mining licence, alter or amend any condition relating to the expenditure of money or the programme of work.

Written notice in the prescribed form of every suspension, alteration, or amendment of a condition under subsection (6) or subsection (7) of this section shall be forwarded by the Secretary to the licensee and to the District Land Registrar; and the District Land Registrar shall record the notice on the mining licence affected.

Every holder of a mining licence shall pay rent at such rate as may be prescribed.

All rent shall be paid six-monthly in advance within thirty days after the first days of January and July:

Provided that the first payment of rent shall be made within seven days after the date on which the licence was granted; and the amount of that payment shall be such as will cover rent from that date to the thirtieth day of June, or the thirty-first day of December, as the case may require, next following.

Every holder of a mining licence shall, in respect of the minerals mined or drawn pursuant to the licence and pursuant to any authorisation under section 80 of this Act, pay royalties at such rate or rates as may be determined by the Minister and are specified in the licence and authorisation.

The Minister may determine that different rates of royalties shall be payable in respect of different minerals.

All royalties shall be paid six-monthly within thirty days after the first days of January and July in every year.

If the rent and royalties under a mining licence are payable to the same person, the amount of royalties payable in respect of any period of six months shall be reduced by the amount of rent paid in respect of the same period. If the amount of rent so paid equals or exceeds the amount of the royalties due, no royalties shall be payable in respect of that period.

Subject to the provisions of this section, if any mining licence is granted for a term exceeding ten years, the Minister may, at ten-yearly intervals after the date on which the licence was granted, review the rate of royalty payable under the licence or under any authorisation under section 80 of this Act.

The rate of royalty payable from the date on which the period of ten years expires shall be such as may be agreed upon by the Minister and the holder of the mining licence or, in default of agreement, as may be fixed by arbitration in accordance with the provisions of the Arbitration Act 1908.

This section, for the purposes of any such arbitration, shall be deemed to be a submission within the meaning of the Arbitration Act 1908, and the reference shall be deemed to be to two arbitrators, one to be appointed by the Minister, and the other by the holder of the mining licence.

Notwithstanding the provisions of subsection (2) of this section, the parties may agree on the rate of royalty, either before or after the matter is submitted to arbitration, and, if the agreement is made after the date of any award of arbitration, the award shall be deemed to be cancelled.

Subject to the provisions of this Act, a mining licence shall authorise its holder and his agents and employees on his behalf to—

Subject to the provisions of this Act, the holder of a mining licence shall—

The rights conferred by this section shall be exclusive rights for mining purposes in relation to the land in respect of which the mining licence was granted.

Subject to subsection (2) of this section, the Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the licence, grant to the holder of a prospecting or mining licence a special-site licence in respect of any unalienated Crown land.

No special-site licence shall be granted in respect of any land if, in the Minister’s opinion—

The area of land in respect of which any one special-site licence is granted shall not exceed five acres or such lesser area as the Minister from time to time or in any particular case determines.

A special-site licence shall entitle its holder and his agents and employees to the exclusive occupation of the land in respect of which it was granted for all or any of the following purposes:

The purpose or purposes for which a special-site licence is granted shall be specified in the licence.

Before making an application for a special-site licence, the applicant shall mark out in the prescribed manner the land in respect of which the licence is sought. Any such marking out need not be done by a registered surveyor.

The application shall be accompanied by a plan that has the land in respect of which the licence is sought clearly delineated and identified on it by reference to the area of the land and its legal description and ownership, and by reference to its location in relation to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require.

A special-site licence shall not be granted until the Chief Surveyor has certified the plan as being satisfactory for the purpose of identifying the land.

Subject to the provisions of this section, every special-site licence shall remain in force until the date of expiry of the prospecting or mining licence in respect of which it was granted, and shall then expire.

If a prospecting licence is renewed under section 50 of this Act, any special-site licence granted in respect of the prospecting licence shall also be deemed to have been renewed.

If a mining licence is obtained in exchange for a prospecting licence under section 57 of this Act, any special-site licence granted in respect of the prospecting licence shall continue in force until the date of expiry of the mining licence.

The holder of a mining licence in respect of which a special-site licence is in force shall have the right in priority over every other person to have granted to him a new special-site licence in respect of the land to which the existing special-site licence relates if he applies for the new licence not later than thirty days before the expiry of the existing licence:

Provided that a new special-site licence shall not be granted if a new mining licence is not obtained in substitution for the mining licence in respect of which the existing special-site licence was granted.

Every holder of a special-site licence shall pay rent at such rate as may be prescribed.

All rent shall be paid six-monthly in advance within thirty days after the first days of January and July:

Provided that the first payment of rent shall be made within seven days after the date on which the licence was granted; and the amount of that payment shall be such as will cover rent from that date to the thirtieth day of June, or the thirty-first day of December, as the case may require, next following.

The Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the licence, grant to the holder of a prospecting or mining licence, in respect of any land that is open for mining, the following classes of licence:

No licence shall be granted under this section except for purposes directly connected with mining operations.

Such of the provisions of the Tramways Act 1908 as the Minister specifies by notice in the Gazette shall apply to every tramway constructed or used under a tramway licence granted under this section.

Before making an application for the grant of a licence under section 93 of this Act, the applicant shall mark out in the prescribed manner the land in respect of which the licence is sought. Any such marking out need not be done by a registered surveyor.

The application shall be accompanied by a plan that has the land in respect of which the licence is sought clearly delineated and identified on it by reference to the area of the land and its legal description and ownership, and by reference to its location in relation to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require.

A licence shall not be granted under section 93 of this Act until the Chief Surveyor has certified the plan as being satisfactory for the purpose of identifying the land.

Subject to the provisions of this section, every licence granted under section 93 of this Act shall remain in force until the date of expiry of the prospecting or mining licence in respect of which it was granted, and shall then expire.

If a prospecting licence is renewed under section 50 of this Act, any licence granted under section 93 of this Act in respect of the prospecting licence shall also be deemed to have been renewed.

If a mining licence is obtained in exchange for a prospecting licence under section 57 of this Act, any licence granted under section 93 of this Act in respect of the prospecting licence shall continue in force until the date of expiry of the mining licence.

The holder of a mining licence in respect of which a licence granted under section 93 of this Act is in force shall have the right in priority over every other person to have granted to him a new licence under the said section 93 in respect of the land to which the existing licence granted under that section relates if he applies for the new licence not later than thirty days before the expiry of the existing licence:

Provided that a new licence shall not be granted under the said section 93 if a new mining licence is not obtained in substitution for the mining licence in respect of which the existing licence under that section was granted.

Every holder of a licence granted under section 93 of this Act shall pay rent at such rate as may be prescribed.

All rent shall be paid six-monthly in advance within thirty days after the first days of January and July:

Provided that the first payment of rent shall be made within seven days after the date on which the licence was granted; and the amount of that payment shall be such as will cover rent from that date to the thirtieth day of June, or the thirty-first day of December, as the case may require, next following.

The Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the certificate, grant to the holder of a prospecting or mining licence an easement certificate in respect of any land that is the subject of another prospecting or mining licence, for the purpose of facilitating mining operations or the use of the applicant’s mining privilege.

An easement certificate granted under subsection (1) of this section shall entitle the grantee and his agents and employees to enter, occupy, and use the land specified in the certificate for all or any of the following purposes:

Every easement certificate granted under this section shall be deemed to be granted subject to the condition that the grantee will not interfere with the lawful and reasonable use of the land affected by the certificate, or with any mining operations lawfully being carried out by some other person on or under that land, except so far as is necessary to give effect to the rights of the grantee under the certificate.

All minerals obtained by the holder of an easement certificate from the land specified in the certificate as the result of any operations authorised under the certificate shall be the property of the holder of the prospecting or mining licence affected by the certificate, and shall be delivered by the holder of the certificate to the holder of the prospecting or mining licence.

Before making an application for an easement certificate, the applicant shall mark out in the prescribed manner the land in respect of which the certificate is sought. Any such marking out need not be done by a registered surveyor.

The application shall be accompanied by a plan that has the land in respect of which the certificate is sought clearly delineated and identified on it by reference to the area of the land and its legal description and ownership, and by reference to its location in relation to cadastral boundaries, survey monuments, topographical features, or existing mining privileges, as the case may require.

An easement certificate shall not be granted until the Chief Surveyor has certified the plan as being satisfactory for the purpose of identifying the land.

Subject to the provisions of this section, every easement certificate shall remain in force until the date of expiry of the prospecting or mining licence in respect of which it was granted, and shall then expire.

If a prospecting licence is renewed under section 50 of this Act, any easement certificate granted in respect of the prospecting licence shall also be deemed to have been renewed.

If a mining licence is obtained in exchange for a prospecting licence under section 57 of this Act, any easement certificate granted in respect of the prospecting licence shall continue in force until the date of expiry of the mining licence.

The holder of a mining licence in respect of which an easement certificate is in force shall have the right in priority over every other person to have granted to him a new easement certificate in respect of the land to which the existing easement certificate relates if he applies for the new certificate not later than thirty days before the expiry of the existing certificate:

Provided that a new easement certificate shall not be granted if a new mining licence is not obtained in substitution for the mining licence in respect of which the existing easement certificate was granted.

Every holder of an easement certificate shall pay rent at such rate as may be prescribed.

All rent shall be paid six-monthly in advance within thirty days after the first days of January and July:

Provided that the first payment of rent shall be made within seven days after the date on which the certificate was granted; and the amount of that payment shall be such as will cover rent from that date to the thirtieth day of June, or the thirty-first day of December, as the case may require, next following.

Subject to the provisions of this Act, the Minister may, in his discretion and subject to such conditions as he thinks fit to specify in the certificate, grant to the holder of a mining licence a moving-dredge easement certificate in respect of any land for the purpose of facilitating mining operations by means of dredging.

A moving-dredge easement certificate granted under subsection (1) of this section shall entitle its holder and his agents and employees to lay head lines and side lines of a dredge along the land specified in the certificate, and to fix or anchor the lines to the land by any effective means.

Every moving-dredge easement certificate granted under this section shall be deemed to be granted subject to the condition that the grantee will not interfere with the lawful and reasonable use of the land specified in the certificate, except so far as is necessary to give effect to the rights of the grantee under the certificate.

Every application for a moving-dredge easement certificate shall be accompanied by a plan that has the land that will be affected by the certificate, if granted, clearly delineated and identified on it by reference to the area of the land and its legal description and ownership.

A moving-dredge easement certificate shall not be granted until the Chief Surveyor has certified the plan as being satisfactory for the purpose of identifying the land.

Every moving-dredge easement certificate shall remain in force for such period as the Minister may specify in the certificate, and shall then expire.

This section shall not apply to prospectors’ rights.

Every application for a mining privilege shall be in the prescribed form and shall be forwarded to or deposited with the Secretary, together with the prescribed application fee.

If any application is made by any person (other than a solicitor) acting as agent for the applicant, a written authority in the prescribed form to act as agent, signed by the applicant, shall be attached to the application.

Either before or immediately after forwarding or lodging an application for a mining privilege (other than an exploration licence), the applicant shall serve such notice of the application as may be prescribed, on the owner and occupier of the land to which it relates, on all other persons having an interest in the land, so far as they can be ascertained, and on such other persons as may be prescribed.

Within seven days after forwarding or lodging an application for a mining privilege, the applicant shall give public notice of the application by causing a notice of the application in the prescribed form to be published in a newspaper circulating in the place or district in which the land to which the application relates is situated.

Within seven days after public notice of an application has been given under subsection (5) of this section, the applicant shall forward to the Secretary an extract, from the newspaper in which the notice appeared, containing the notice, the name of the newspaper, and the date of issue of the newspaper.

As soon as practicable after receiving an application for a mining privilege, the Secretary shall cause such notice of the application as may be prescribed to be exhibited for not less than twenty-one days—

Where the owner-and occupier of any private land or Maori land consent to the grant of a mining privilege in respect of the land—

If any applicant for a mining privilege in respect of private land or Maori land considers that any condition to which the consent of the owner or occupier of the land is subject is unreasonable or is inconsistent with the provisions of this Act, he may, unless he has agreed in writing with the owner and occupier to accept the condition, lodge a notice of objection with the Secretary stating the grounds of the objection. A copy of the notice of objection shall be served on the owner or occupier, as the case may require, either before or immediately after it is lodged with the Secretary.

On the receipt of such a notice of objection, the Secretary shall forward it, together with all other papers and documents relating to the objection and the application, to the Registrar of the Magistrate’s Court nearest to the land concerned or, with the consent of the parties to the objection, to the Registrar of any other Magistrate’s Court.

On receiving the notice of objection, the Registrar of the Court shall give notice of the time and place fixed for the hearing of the objection to the parties to the objection. The parties to the objection, either personally or by their counsel, shall be entitled to be present and to be heard at the hearing of the objection.

On hearing the objection, the Court shall allow the objection in whole or in part or decline it.

The Registrar of the Court shall transmit to the Secretary a memorandum of the Court’s decision.

If the Court’s decision results in the alteration of the conditions to which the consent was subject, paragraph (b) of section 105 of this Act shall apply in respect of the conditions as so altered.

Subject to subsection (2) of section 77 and subsection (6) of section 112 of this Act, if more than one application is made for a mining privilege in respect of land that is required under this Act to be marked out before an application may be made, and the applications relate to the same or partly the same land, the applicant who has first marked out the land in the prescribed manner shall have the right in priority over every other applicant to have the mining privilege applied for by him granted in respect of the land that is common to the applications.