GOLD MINING AND RIVERBANK RIGHTS.

Kumara Times, Issue 1787, 23 June 1882, Page 2

GOLD MINING AND RIVERBANK RIGHTS.

In the House of Representatives, on the 31st ult., we learn from Hansard— Mr Seddon asked the Minister of Mines, whether the Government intend, during the present session, to introduce any measure dealing partially or wholly with the following questions, which detrinisntHlly affect gold-mining in the oolony : (1) Pollution of streams in the vicinity of gold workings; (2) the depositing of sludge and tailings on Crown lands and in rivers and creeks j (3) the sale of lands in proclaimed gold-fields districts to be subject, for all time, to the condition that no compensation shall be claimed for damages caused through searching for gold or goldworking j (4) riparian rights which, at present, in various parts of the colony, prevent the working of well-known payable auriferous lands 1 This question was very important, and one that affected the goldflelds of the colony very materially. For the last nine or ten years the pollution of streams, and the existence of riparian rights, had prevented auriferous land from being worked, and the question had cropped up in Parliament from time to time, and legislation had been passed on the subject. Last year the Buller County Council petitioned the House relative to the Croninville gold workings, which were prevented from being worked by a gentleman named Costello. It was held by the Courts of law that the miners were trespassers, and were doing injury for which they were liable. The Goldh'elds Committee, to whom the petition was referred, in its report recommended, "That the watercourses on goldHelds should be all proclaimed, and that the existing ripirian rights affecting all outlets used for tailings be done away with." Another petition was preseutel to tho House by C. T. R iberts and sixty-one othera relative to the Mieiewher.ua Goldticlds. The Committee in thar. case recommended That all riparian rights affecting rivers in proclaimed goldflelds shall be resumed wherever required for public purposes, and if compensation is allowed, it shall only be on two conditions : (1.) That the damage shall be computed upon actual injury proved that the land would sustain if deprived of water in its natural state ; also for any damage tl»e owner of the'land may be proved to be likely to sustain if his homestead were deprived of water in its natural state. (2.) That the increase in value to the" landowner's property by public works, or by the development of the mines in his neighborhood, should be doducted from the amount of the damage assessed, a«d the excess of vahw of such damage over increase in value 1 , if any, should only be payable by way of compensation.

In 1873 this matter was brought before the House, and an Act was passed called the Resumption of Lands for Mining Purposes Act. But the &tb clause of that Act provided,— Upon tl» hearing of the summons, the applicant shall, unless the parties summoned appear, prove the service thereof, and shall also prove that the land is auriferous or argentiferous, and may he mined with a reasonable profit; and shall also produce evidence as to the market value of the land ami the improvements thereon at the date of the issue of the summonsv

The goldfields having enhanced the market value of the land, the cost to colony, on the basis laid down by the Act, would be very large, and no doubt that had rendered the measure inoperative. In 1875 further legislation took place on the subject, and the Governor was empowered to declaie certain streams to be streams for the reception of tailings and mining debris. But no action whatever had been takrn under that Act, and the conseqaenco was that up to the present time the streams had been pcllnrted, and lands had been sold since that were not subject to the provisions of the Act. Every year that this state of thingß went on the matter became more difficult to deal with. On the west Cast of the South Island something like £250.000 hnrt been spent on water-races, and yet no safeguard Ims- been talcn in r-gard to the pollution of streams. Therefore it was of paramount importance to the colony, and particularly to the goldfiVMs, that something slvould be done, and Ire asked the Minister of jMin.-s- whether the Government were prepared this session to legislate on the subject, or won hi support him if Iw introduced a Bill dealing with the subject; and, if not, whether they would appoint a Commission, so that the question could be reported upon and de.lt with finally. That it would have to In settled must be apparent to the Government and the UoilMi

Mr HolN-ston said the question whs an excmlin»!y important on*, and during tin? recess tlw> intention .if the Government had lirt'ii pv..intently drawn to it, jiartii-nlrtrly \>y <hip of the cape t<> which tin. hoiKH-rtlil.' m.Miil'er li.-lI hl] tided,, wnd- which «w M «- |.*fe,fe th«-

Supreme Court-namely, Costello * Iho Miners of Croninville. The prd* sent position was that the Government were preparing a Bill which they hrmed would deal with this matter so far ai it related to the past alienation of lands involving riparian rights. There seemed on the face of It tlo good reason why the resumption of land for mining pur* poses should not be dealt with in a manner analogous to the mode adopted m the cnse of the resumption of lands for railway purpose under the Publid Works Act, and that provisions very much the same as those that were tug' gested by the Committee of last session should not apply (o the resumption of lands by the Crown. As the honorable member was aware, there was already an Act on the Statute Book which pro* vided for the resumption of lands, but not on Buch terms bb made it possible' for the colony to act without involving enormous expenditure. So much with' regard to the past—to dealing with lands where they now interfered with the operation of mining. It was the* intention of the Government to propose a measure which would enable land to be resumed on fair terms. With regard to the future, ho might Bay that for the* past two years, so far as he was aware, there had been no alienation of lands involving fresh riparian rights. But that was not altogother satisfactory. The present ciroumstanoes did not favor settlement, and the proposals which the Government intended to bring in with regard to the leasing of waste lands, particularly in goldfields districts, would deal with this question in such a man. tier ad at once to favof the occupation of land and not to interfere with mining operations.