MINING CONFERENCE.

Tuapeka Times, Volume V, Issue 255, 19 December 1872, Page 7

MINING CONFERENCE.

MoiTDAy, Dec. 9, Tha Sub-committee met fop jthe purpose of drawing np the report.

Tuesday, Dec. 10. Mr. Alexander, on being called upon, read the following

%worn,

The Conference of delegates elected by miners of the province, met here for thd purpose of more effcctjjally uniting them* selves as a body to proti^t Jheir interests, and to offer suggestions to the Qeneral Government as to the framing of a Gold Mining Bill. Taking advantage of ihe offer of the Government to receive and entertain such suggestions they wo*ld humbly pjace at their disposal the following report of their proceedings for consideration : — The Conference is of opinion that there exists a great necessity fopr altering the present laws relating to gold mining. There are so many act# and parts of acts in opera* tion on the goldnelds, that they conflict with each other, and confuse, to such an extent, that the miner, however intelligent, cannot know exactly what is law ; also, that these acts deal with the miners too much as a separate body from other branches of the community. The Conference admits the necessity of providing the miner with a law to legalise his culling, to provide a right to mining, and to mining property. But it is of opinion that the common law, unless in exceptional cases which may come under the. bill, may be fairly applied to miners.

OCCUPATION OP CROWN LA2TD3, The right and subject of occupation of crown hinds for mining purposes is one of the main objects that should be treated by a Gold Mining Bill. Having carefully considered the law as it at present stands, we would endeavour to point out the evils that now exist. First then, the miners Tight, as an element of title, haa come under our very serious consideration, and private opinions of the legal profession have been freely received and entertained by the Conference. The object or uses of the miners' right, we consider, to be a means of providing revenue in proportion to the amount of crown lands held in possession by the miner, or to give the miner a locus standi on the goldfields ; but it is, or may be used by the law as an instrument of tracing title to mining properties, which, by the present law, might act unfairly to a rightful owner of property. Though the miner may have acquired such rights honestly, a lapse occurring in the issue of right, either by present or previous owner, wonld be likely to endanger the whole title. The Conference agree th# the miners' right or license confers great privileges, which i£ would be unwise to abolish — such as giving miners a right to vote at elsc&ons ; the right of grazing two head of greafc cattle on. a goldfield« common, and certain ofcher privileges on the gold&elds We are o£ opinion that it vo*ld be advantageous to adopt the system of the possessory titlewith the provision that a miner*' tight o? license may be granted for »ny period from one to ten yean, and be made available ia all parts of New Zealand, which, we consider, to mean that claims may be taken, up, and held without the holder or ocetmiar being the actual possessor of a miner's right, and that it imposes strict penalties for neglecting to take out a rainarr right Under the present head, extended claims and gold mining lease*. may be considered, and this Conference wonld recommend the abolition of the present system of gold mining leases. We would point out some of the peculiar objections. One is that if a lease ia applied tor, even if there is no objection, & long period elapses before a proper title can bo obtained; also, in case of objection if it shoald be valid, it will take at least two of three months before it can be unlocked from the applicant. The object of the mining leases appears to be to give a more secure tenure than the miners' right or possessory title, and it also seems to provide for a greater extent of land being held by paying a rent, upder more easy restrictions than & claim held by a miners' right, or as to keeping the required ainonut of labor employed. Another eyii of leasing, which causes considerable annoyance, is (oat the right to transfer or sell all such properties is too cumbersome It is necessary to provide machinery to. give a good title to miniqg property, «hich eottfd be simply acquired, ajftd alsosimplytransferfed. Thesyatemoflioeosed holding*, as established by the Gold Mining Districts A*t (Auckland) wouldbeagcodsub* stitute both for extended claims and gold minjng leases. In rueoimntmdiiig this, we do not include tug clauses refwrriOfftO lOipeOr td#i, foxt e&fnti *«d, pena.*ti*s. The 8)29 of claims and number of napa to 1m employed, we Suggest, should be fcaj* with by regulation* made under tho' W Ia duppori of-, this, we may state tint, while ve'twiiovt? that a Ojldfioldd Act "ixvw.A bo !U3i.« - 1-

- ~ar— r^E-r--^- - embrace the whole of New Zealand, %he regulations should^be made to suit the different districts or province^. Should it be desired to deftue any particular .area which claims should not exceed by the Act, not leaving the same to be dealt; witluby the regulations, we would recommend that the area of any claim or licensed holding, do not exceed ten acres in alhmal claims, and in. quartz claims 16 acres. In the case of quartz reefs or lodes, the right should ba given to follow such veins with all their dips, variations, and angles, to any depth, although they may enter the land adjoining. Before Concluding fche present subject, we wonld jrecommend to the consideration of the Government and the framers of this new Gold Mining Bill, U> an extract from the appendix to Captain Baldwin's report on "Mining in the State of California " :— " And be it further enacted. That -whenever any person or association of persons claim a lode or vein ot quartz or other nick bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners m the district where the same is situated, aud having expended in actual labor and improvements thereon an anjpunt of not less than one thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local Land Office a diagram of the same, oo extended laterally or otherwise as to conform to the local laws, customs, and rules of miners, and to enter such tract and' receive a patent therefor, granting such mine, together with the right to follow such vein or lode, and its dips, angles, and variations, to any depth, although it may enter the land a.djo.inn)g, which land adjoining shall be sold subject to this condition." RESIDENCE AREAS, BUSINESS SITES &C. The Conference do not see any necessity for altering the present system. If altered, residence areas might be extended to two acres, and the price of business licenses shtmkl be reduced to one half. FORFEITURE AND PROTECTION. The Conference are of opinion that all cases arising under these heads can be better dealt with by the regulations than by being embodied in the act, but they would desire to record that, forfeiture, unless under aggravated circumstances of non-compliance of the law, should not be resorted to. DIVERSION OF STREAMS. The Conference having duly considered the above subject, find that as the law now exists, that hitherto such diversion has only been^l&Tv/iil iv furthering one particular branch of industry, namely, gold ininLng. The Waste Lands Act passed in IS7'2, and which will soon come into operation, provides for water being diverted for other industries. The Conference quite concur ■with the provision made by that act, but it still leaves one point which has hitherto been a source of particular grievance untouched, viz., that of provision being made that two heads of wa+er shall at all times flow down the natural bed of any creek for general u=?e — the words general use being subject to be misconstrued. PRIORITY OB RIGHT Has been an established rule on goldfields, Bad cannot be said to act unfairly. The present water rights entirely depend on prior occupation to defined rights, and such & rule we should not wish to supersede, The main paints under this head, which the Conference would desire to see ro nedied are, that a permanent licensa should be grante i by paying a nominal sum per year for each slu'ee head ; and they would recommend that part VI. of the Gold Mining Bill, 1872, with ichedule attached be adopted in preference to existing laws (eliminating all reference tp, inspectors and deposit on application), and also making the yeai-ly rental a sum, say, 2s. 6d. The great bugbear as to .water rights - and races has been, as already sfated, that of allowing two heads to flow in the-naturai channel of creeks if required. This 9o9 or 'f el> ence would recommend that priority of right should pre lominate in this case as m all others in gold mining, which means, that if the water is required to flow down the ' natural channel by any party whatsoever, when any application to divert the said water i 3 pnt forth, that such an objection slfould' be held valid, but if the right be once granted that it should not ne again cancelled, except the same is required for settlement or public use, and then only by paying compensation. The right to. use and construct d-ims and reservoirs might be granted on the same principle as water rights, while •we -would recommend that a rental, if any ,be charged, should be merely nominal. The privileges allowed by the Act of 1800, for carrying race^ through private lands being still retained. We would recommend that 15 feet on each side of a race be allowed for repairs and other purpo33S. POLLUTION" QF STREAMS, AND PROVISION FOB DISCHARGE OP TAILINGS. The law, as it at present stands, fails to .make mining a legal calling, as by the common statute laws, the miner may be liable to heavy damages in the prosecution of his avocation. A" clause should be inserted irflShe Bill to protect the miner io re3pect to deSling creeks and rivers ; and provision should also be made that a reasonable amount of unoccupied crown lands be all i wed for the discharge of tail- ' ings, due regard being made as to existing rights, but the Bill should embrace a clause that any occupier of the surface of the soil may be displaced as well for the discharge pi tailings, as for gold mining. THE RIGHT OF ENTRY ON GROUND DEMISED BY LICENSE OR LBASE. For the better protection of the auriferpus lands of th Q crown, instead, of the right pf entry being b.ound up in the Superintendent and Executive, as the present law enacts, if such lands are required for mining, the right of entry, incure considerable delay and expense, a clause. *hat we think woujd. act fairly, might be introduced by allowing the miner a right to -enter at auy time on j.uch lnnds by paying a -deposit of a fixed Bum for each acre he includes in his claim. This deposit could be mads large enough to cover any surface damages incurred, and if successful in getting'pa}^]^ gold, the miner to bs entitled ti hold the land by paying compensation for improvements only, and nothing in respect of the land, the same to bj settled by'arbitrat on ; in the event of Ij.'s not finding payable gold, on restoring the w si! a ita forjnsr state, and if no damage to crops has o^curr'd, he should be entitled to riceive back his deposit. Tha evil of locking up auriferous land is just beginning to be.felt, aii I encouragement ought not to be given ta persons ta tike up lands in the imp'.j'iite vicinity of gold workings. ItSVENUS AND BXPExSJCS. t'ndar, this heal this Conference -would daa>re to rse >rd that while it is patent that "*ili redu.j. i->a of reveuue'j ought to be met by a, like reduction of expenses, they do not approve of special taxation being imposed on inuui - 3 tft any greater extent thin any other t)ovcioa of the community, and the reduction, wj nuy a'lvo3ite, we trust will be

looked uooi as being based on fairness. Thadisbimiemsnfc of goldfields revenue, we would entirely leave in the hands of the ■ Government, trusting it will be based on t^e same principle. ' '