THE MINING COMMISSION

Tuapeka Times, Volume III, Issue 175, 15 June 1871, Page 6

THE MINING COMMISSION

The following is a resume of the report of this bocty, which was submitted to the Superintendent and Executive :—: —

With the view of simplifying the task of legislation, and of separating the subject from other questions which might be matter of party dispute in the legislature, the Commissioners recommend that the new statute should be separated from some matters at present mixed up with Gold fields legislation. The first is that of pastoral tenancy and agricultural settlement on Goldfields. The Commissioners believe that it would be well to dissociate these from mining law ; but at the same time, seeing that they involve lai'ge questions of policy, and affect important public and private interests, they recommend that those parts of the existing Acts should not be repealed or altered, unless or until the Legislature sees fit to enact a comprehensive raeasni'e on the subject at least equally favourable to the intei'ests of settlement. They also recommend that the Legislature should take steps to enable goldminiug to be carried on upon private as well as upon Crowiv lands, and that the miner should have the authority and protection of law for his operations and rights, over all Crown lands in the colony, and not merely within portions proclaimed and set apart as Goldfields.

After referring to the inconvenience of the Stamp Acts to the miner, the Commissioners suggest that miner's rights should be made available for the occupation of Crown lands throughout the colony, without regard i o the province in which they may have been originally issued ; that miner's i*ights should be issued for terms of years, and consolidated miner's rights for the use of public and private companies.

The Commissions also call attention to the necessity of providing some convenient mode of registration and transfers of mining property, the present law being cumbrous and expensive.

The important subject of water rights had received the gravest attention of the Commissioners. In the existing statute and regulations a reservation is made of two sluice heads of water to be allowed to flow down each stream when required for general use. The Court have decided, in the few cases brought before them, that this is of the nature of an exception operative on the demand of any person who might be able to say he required the two sluice heads to flow down. The Commissioners by a majority have decided that such an exception creates an element of insecurity in the tenure, which operates very unfairly as regards those who have invested their capital or labour in constructing water races. That there is no object of public policy to be served by taking the water from those who have expended capital in diverting it with the view of carrying on mining, to give it to others who may have expended little or no capital, and who do not propose to use it in a way more beneficial to the State than the parties from whom it is taken. The Commissioners are therefore of opinion that no such exception should be made in licenses hence-forth to be granted ; but they do not recommend any interference with existing rights or the de-

cision o? the Courts, and care should be taken in drafting the new statute to avoid giving any retrospective effects to them ; but at the same time where existing water rights have not been affected by the exception, or when the temporary use for which the exception has been brought into operation shall cease, they desire to recommend that the owners of water-races may be afforded an opportunity of bringing thei. 1 tenure under the operation of the new law.

The Commissioners recommend that the tenure of water-rights should be by a license for such term of years, uot exceeding ten, as may be required by the applicant at a certain annual rent, or a fixed amount payable by way of premium, having regard to the" particular circumstances of each case, and also with a right of renewal of such license from time to time as required. They are also of opinion that such a license should give to the holder the necessary authority to cut, construct, and use water races and divert water, or either, without and independent of a miners' right. They are also unanimously of opinion that the valuable right to construct races through private lands, first confered by the Goldfields Act of 1565, should be retained, and that for the purposes of this part of the Act, mining claims, mining and agricultural (but not pastoral) leases, should be deemed private lauds, to entitle the owners to come under the provisions of the Act, and obtain reasonable compensation fur damage done to their property.

After directing attention to the more liberal provisions of the Victorian Statute, regarding business licenses, the Commissioners suggested that the Governor should have the power to grant leases of auriferous and mineral lands to an extent not exceeding 40 acres in each lease. They are also of opinion that in this province, at least, the rent of £2 10s. per acre per annum is excessive, and ought to be reduced to £1 per acre per annum.

The Commissioners approve of a permanently constituted Mining Board being formed. Under the heading of Administration of Justice, the Commissioners recommend thai"- Wardens' Courts are unnecessary, and that, as regards cases with assessors, they believe miners would be willing to act without payment in cases brought before Resident Magistrates' Courts. As to Agricultural Settlement, they approve of the Leasing Regulations, but suggest that, to prevent monopoly and evasion of law, occupiers should be compelled to crop over 20 per cent, of the land taken. They also recommend a reduction of rent, and that miners should be permitted to occupy three acres under their miners' rights. Blocks of land for agricultural purposes, with grazing rights, they strongly recommend should be opened up throughout the goldfields for selection under the leasing regulations. The oppressive taxation under which the mming industry labours had also been considered, and a reduction of the export duty on gold to one-half in the mean time is recommended, with the hope that it might finally be abolished. They suggest that goldfields officers should be removed from one district to another at intervals of not more than three years. The Commissioners refer to the subject of Chinese immigration, and deprecate the increase of Chinamen in the province as injurious to its best interests. With respect to Water Supply, they concur in the suggestions made by his Honour tha Superintendent, that money should be advanced by way of loan as one means of making the provisions of Part 111. of the Immigration and Public Works Act available in Otago. They suggest, however, that care should be taken that large works of general advantage may not be injured by the dissipation of funds in small schemes, and that the administration of the Act should not injuriously interfere with private - enterprise.

The Commissioners express their approval of the intention of the Provincial Council to provide for the office of a Goldfields Secretary ; and the Commission recommends to favourable consideration, the advisability of urging upon the Colonial Legislature the es-

tablishment in this colony of a branch of the Imperial Mint. In conclusion, the Commissioners beg to refer to the various resolutions recorded in the minutes of their proceedings for further elucidation of their report ; and they recommend that these should be printed and attached to the report, and that copies should be sent to the members of the, General Assembly and Superintendents of the Provinces.