The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. THURSDAY. JUNE 15, 1871.

Westport Times, Volume V, Issue 825, 15 June 1871, Page 2

The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. THURSDAY. JUNE 15, 1871.

The Otago Mining Commission have concluded the investigation committed to them, and have given in their report. The document itself is exceeding lengthy—too much so for publication—and we, therefore, purpose referring briefly to its more important clauses. The Commission, with the view of simplifying the task of legislation, recommend that the new statute should be separated from the question of pastoral tenancy and agricultural settlement on goldfields, and from the question of mining Native lands. And they further urge that the new mining statute should not be applicable to those parts of the colony where the Native title has not been extinguished. They believe also tbat the development of goldmining is of such importance to the Colony that it would justify the Legislature in sanctioning, for that purpose, an invasion of the stricter rights of private ownership, so that the miner should have the authority and protection of law for his operations and rights over all Crown lands in the Colony, and nob merely within portions proclaimed and set apart as goldfields. An amendment is sought to be introduced in respect to the penalties in connection with the miner's right. It is felt that the loss of all property and rights which is involved in a miner's neglect to provide himself with a right, constitutes a considerable hardship, and it is proposed that the revenue (should it be considered necessary henceforth to raise revenue in this way) may be protected by means of moderate penalties, not involving such grave forfeitures. They are also of opinion that miner's rights should be made available for the occupation of Crown lands throughout the Colony, without regard to the Province in which, they may have been originally issued; that miners' rights should be issued for terms of years, and consolidated miners' rights

for the uso of public and private companies. Attention is also called to the necessity of providing some convenient mode of registration and transfer of mining property. Something akin to the Agricultural Produce Liens Act, with local registry offices and well defined districts is suggested as suitable to the requirements of the case. Under the head of water-rights, reference is made to the existing statute in which reservation is made of two sluice heads of water to be allowed to flow down each stream when required for general use. The Commissioners decide that such an exception creates an element of insecurity and operates very unfairly. They recommend also that the tenure of water rights should be by a license not exceeding ten years at a certain annual rent, or a fixed amount payable by way of premium, bavins.' regard to the particular circumstances of eacli case; aud that such license should give the holder authority without and independent of a miner's right. "They are also unanimously of opinion that the valuable right to construct races through private lands, first conferred by the " Goldfields Act of 1865," 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 lands, to entitle the owners to come under the provisions of the Act, and obtain reasonable compensation for damage done to their property. They also consider that this invasion of the rights of private property being based on public grounds—namely, the encouragement of a great colonising industry, it is desirable to give the owners of water races a right to the land itself and the adjoining land to the distance of 7 feet on each side of a water-race, or a space 14 feet wide on any part of which the race might be placed; and that in all alienation of land from the Crown a reservation should be made to the extent and effect above mentioned, an«t not a mere easement over the land extinguishable by any laches of the licensee. That, in fact, such reserves should be made in the same way as roads are now reserved, so that they might henceforth remain as public water ways available for private individuals desirous of prosecuting gold mining or other important industry. They are also of opinion that the right to divert water should not be confined solely to the gold miner. The moist climate and plentiful streams of New Zealand leave abundance for the supply of all branches of industry without any encroachment upon the enjoyment of riparian property. They suggest that licenses for the diversion of water for industrial and domestic purposes should be given as freely as they are for gold mining, having due regard to the interests of each respective industry." Suggestions are also recommended in the matter of business licenses, mining leases, mining boards, the administration of justice, agricultural settlement, water supply, and a number of other subjects which we shall refer to in a future issue.