FREEHOLD v. MINING.

Greymouth Evening Star, Volume XXXI, 23 August 1901, Page 4

FREEHOLD v. MINING.

At tho meeting of the Westland Land Board on Tuesday several applications for lease with right to purchase caused considerable discussion and opened up a somewhat large question. These applications had been referred by the Chief Commissioner to the Warden for his approval or otherwise. The Warden considering that certain of the applications were situate so near to mining claims and in some cases surrounded by them, that it was against public policy to grant them on the ground that they might bo required for mining, and ho formerly objected to the Board dealing with them. The Board upheld his view and refused to grant tho applications. Messrs Duncan, Scare, and Northc oft contended that tho Land Board wero bound under the Act of 1890 to grant to the holder of every license under the 219th section of the Land Act a title for occupation with right of purchase on the ground of the leading of the Act and on the distinct p omise of tho Premier.

On tho other hand the Board contended that as mining was a paramount industry on the West Coast, they were bound ti see that the interests of miners were fully protected, and it was against public policy to grant a freehold title to any land that was auriferous.

Mr Park said that the Mining Act of ’9B provided for the cases in point. There was nothing to hinder tho Board granting perpetual leases of tho land applied for as section 19 of tho Mining Aot'lß9B provided that all lands leased in perpetuity were deemed to bo crown lands within the meaning of that act and that the Board amply protected the miner by giving such a title as enable the Warden to grant a mining ititle to any applicant or even allow a miner to peg out any part of the land included in any perpetual lease. Ultimately the Board adopted this view and have referred the applications back to the Warden particularly pointing out section 19 of the Mining Act.