REPORT OF N.S.W. GOLD-FIELDS COMMISSION.

Cromwell Argus, Volume III, Issue 156, 5 November 1872, Page 6

REPORT OF N.S.W. GOLD-FIELDS COMMISSION.

In fulfilment of the promise we gave in our leading columns of last week, we continue extracts from the above report. Throughout the whole of the report, the Commissioners frequently refer to the very uncertain tenure upon which mining property is held, and urge the necessity of liberal legislation in the direction of increasing the security of that tenure. They thus allude to the matter in one instance:—

In f.n pjiooura"? the embarkation of capital in gold-mining enterprise, it is obvious that fair security of tenure must be offered. The tenure by miners' rights, although well adapted for miners who reside upon the Gold Fields, and who may personally exercise a constant supervision over the workings in which they are interested, is clearly not sufficient for the interests of those who may be necessarily resident away from the Gold Felds, but who may have capital which they are willing to invest in rensonably secure and legitimate enterprise. Unless, therefore, some such system of tenure as that secured by a lease is permitted, there would be virtually an exclusion of outside capital—a result certainly not to be desired by any but a few persons representing an extreme and narrow-minded view of Gold Fields legislation, and who are borne down by an unreasoning and unreasonable dread of the great bugbear monopoly. But it is by no means merely with a view to attract capital from persons not themselves resident on a Gold Field that we think leasing should be permitted. The encouragement affordel by leases would operate more generally, and with at least equal benefit, upon the interests of the miners themselves, and would tend largely to the introduction of an improved system of mining, combining the two groat desiderata—efficiency and economy. The privilege of being able to convert his holding under the miner's right into a holding under lease would also be a great advantage to the miner who might have proved his claim to be remunerative, but was unable to expend the amount require.! to develope the claim without calling in the aid of capital, which lie would have difficulty in procuring if the tenure depended on the miner's right. We unanimously think that the rental imposed upon leases is too high ; we would recommend that, instead of £2 per acre per annum, the rental should be ten shillings per acre per annum. It may be said that a rental of £2 an acre would not deter capitalists or companies, represcntin« large capital, from taking out leases, and we do not contest that proposition ; but it is in the special interest of the ordinary claimholder that wc recommend this reduction, as from the greater security of tenure which a lease would afford, we are of opinion that the ordinary claimholder would in very many instances gladly convert his holding into a lease, if not deterred by high rentals.

Recently, in this district, examples have been afforded of the trouble and expense which may be incurred by holders of water privileges neglecting to renew their certificates. In such cases, by the present law, it seems that the Warden has absolute power of declaring a forfeiture, although it is seldom, if ever, exercised. But, in the event of the Warden choosing to declare a forfeiture in any such case, the hardship, even wrong, that would be sustaine.l l by a party of miners, or a company, is obvious : in any case, they would be put to much inconvenience and expense to recover possession, and it might be that they would undergo the vexation of seeing their property " legally stolen" by others. The Commissioners recommend that, "in addition to the present system of granting water privileges, water licenses should be issued direct from the Mining Department." The necessity for some change in this direction in the New Zealand mining regulations was recognised by the framers of the last attempt at a Gold Mining Bill ; for we find Mr Gishorne, in his speech at its introduction, saying :—" With regard to the water rights, instead of the present annual registration certificate under which water rights were granted, the Bill provided that licenses should be is.;ued, giving to the licensee an indefeasible right to the exclusive use of the race, dam, or reservoir, and the water in respect of which the same is constructed, for such time as he shall fulfil the conditions upon which the same is granted." This, at any rate, was a provision which would have 'been heartily welcomed if the Bill had become law. The Commissioners recommend that the miner's right should be retained at its present charge in New South Wales, namely, ten shillings per year ; and urge that the provisions of the 4th section of the Victorian Mining Statute of 1865 should be introduced into the mining legislation of the Colony. That section is as follows:

_ " It shall be lawful for the Governor in Council to cause documents to be issued, eich of which shall be called a 'miner's right,' and shall he in force for any number of years not encoding fifteen ; and any such document shall lie granted to any person app'ying for the same, upon payment of a sum at the rate of ten shillings for every year which the same is to be in force. It shall a'so lawful for the Governor in Council to cause other documents to be issued. ea;h to be called a 'consolidated miner's right,' and to be in force for any number of years not exceeding fifteen ; and any such last-mentioned document shall, on the application of the Manager or any Trustee or Tr is tees of any Company of persons who shall have agreed to work

in partnership any claim or claims registered under the provisions hereof, be granted to such Manager, Trustee, or Trustees, oh behalf of the persons who shall from time to time be members of such Company," &c.

The report, as a whole, is highly interesting, and contains many excellent suggestions in addition to those we have quoted. A perusal of it might be made with much advantage by the mining delegates who are to meet in Lawrence shortly ; and we remend all Mining Associations to obtain a copy.