OTAGO MINING CONFERENCE.

Westport Times, Volume VII, Issue 1037, 14 January 1873, Page 2

OTAGO MINING CONFERENCE.

The following report was adopted by the conference at the close of the sitting at Lawrence :—■ The Conference is of opinion that there exists a great necessity for altering the present laws relating to gold mining. There are so many acts and parts of acts in operation on the goldfields, that they conflict with each other, and confuse, to such a 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 calling, 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 CKOWJT LANDS. The right and subject of occupation of crown lands for mining purposes is one of the main objects that should be treated by a Croldmiuing Bill. Having carefully considered the law as it at present stands, we would endeavor to point out the evils that now exist. First then, the miner's right, as an element of title, has 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 miner's right we consider to be a means of providing revenue in proportion to the amount of crown lands held in 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, would be likely to endanger the whole title. The Conference agree that the miner's right or license confers great privileges, which it would bo unwise to abolish—such as giving miners a right to vote at elections, the right of grazing two head of great cattle on a goldfields common, and certain ether privileges on the goldfields. We are of opinion that it would be advantageous to adopt the systemof the possessory title, with the provision that a miner's right or license may be granted for any period from one to ten years, and be made available in all parts of New Zealand; which we consider to mean that claims . may be taken up and held without tho holder or occupier being the actual possessor of a miner's right, and that it imposes strict penalties for neglecting to take out a miner's right. Under the present head, extended claims and goldmining leases may be considered, and this Conference would recommend the abolition of the present system of goldmining leases. "We would point out some of the peculiar objections. One is, that if a lease is applied for, even if there is no objection, a long period elapses before a proper title can be obtained; also, in case of objection, if it should be valid, it will take at least two or 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 miner's right or possessory title, and it also aeema to l£lo. vide for a greater extent of land being held by paying a rent, under more easy restrictions than a claim held by a miner's right, or as to keeping the required amount of labor 6rof>loyed. Another evil of leasing, which causes considerable annoyance, is, that tho right to transfer or sell all such properties is too cumbersome. It is necessary to provide machinery to give a good title to mining property, which could be simply acquired, and also simply transferred. The Bystenj of licensed holdings, as established by the Goldmining Districts Act (Auckland) would bo a good substitute both for extended claims and goldminiug leases. In recommending this, we do not inl

i elude the clauses referring to inspection, forfeiture, and penalties. The size of claims and number of men to be employed, we suggest, should be dealt with by regulations made under the Act. In support of this wo may state that, while we believe that a Goldfields Act should be made to embrace the whole of New Zealand, the regulations should be made to suit the different districts or provinces. Should it be desired to define any particular area which claims sbould not exceed by the Act, not leaving the same to be dealt with by the regulations, we would recommend that the area of any claim or licensed holding do not exceed ten acres iu alluvial claims, and in quartz, claims sixteen acres. In the case of quartz reefs or lodes, the right should be given to follow such veins with all their dips, variations, and angles, to any depth, although they may enter the laud adjoining. Before concluding the present subject, we would recommend to the consideration of the Governmenfc and the framers of this new Goldmining Bill, 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 of quartz or other rock bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local custom or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount 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 samo, so 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, aDgles and variations, to any depth, although it may enter the land adjoining, 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 should 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 OE STREAMS. The Conference having duly considered the above subject, find that as the law now exists, that hitherto such diversion has only been lawful in furthering one particular branch of industry, namely, gold mining. The "Waste Lands Act passed in 1872, 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 water ahall at all times flow down the natural bed of any creek for general use —the words general use being subject to be misconstrued. PRIORITY OF RIGHT Has been an established rule on goldfields, and cannot be said to act unfairly. The present water rights entirely depend on prior occupation to defined rights, and such a rule we should not wish to supersede. The main points under this head which the Conference would desire to see remedied are, that a permanent license Bhould be granted by paying a nominal sum per year for each sluice head; and they would also recommend that part VI. of the Goldmining Bill, 1872, with schedule attached, be adopted in preference to existing laws (eliminating all reference to inspectors and deposit on application), and also making the yearly rental a sum, say, 2s 6d. The great bugbears as to water rights and races, has been, as already stated, that of allowing two heads to flow in the natural channel of creeks if required. This Conference would recommend priority of right should predominate in this case as in 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 is put forth, that such an objection should not be held valid; but if the right be once granted that it should not be again cancelled, except the same is required for settlement or public use, and then only by paying compensation. The right to use and construct dams 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 1866, for carrying races through private lands being still retained, we would recommend that 15 feet on each side of a race be allowed for repairs and other purposes. POLLUTION OF STREAMS, AND PROVISION FOR DISCHARGE OF TAILINGS. The law, as it at present stands, fails to make mining a legal calling, as by the common statute laws, the miner may bo liable to heavy damages in the

prosecution of his avocation. A clause should bo inserted in the Bill to protect the miner in respect to defiling creeks and rivers, and provision should also be made that a reasonable amount of unoccupied crown lands be allowed for the discharge of tailings, 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 of tailings as for goldmining. THE RIGHT OF ENTRY ON GROUND DEMISED BV. LICENSE OR LEASE. For the better protection of tho auriferous lands of the crown, instead of the right of entry being bound up in tho Superintendent and Executive, as the present law enacts, (if such lands are required for mining, the right of entry incurring considerable delay and expense)) a clause that we think would act fairly might be introduced by allowing the miner a right to enter at any time on such lands by paying a deposit of a fixed sum for each acre he includes in his claim. The deposit could be made large enough to cover any surface damages incurred, and if successful in getting payable gold, the miner to be entitled to hold the land by paying compensation for improvements only, and nothing in respect of the land, the same to be settled by arbitration. In the event of his not finding payable gold, on restoring the soil to its former state, and if no damage to crops has occurred, he should be entitled to receive back his deposit. The evil of locking up auriferous land is just beginningto befelt,and encouragement ought not to be given to persons to take up lands in the immediate vicinity of gold workings. REVENUE AND EXPENSES.

Under this head this Conference would desire to record that while it is patent that all reduction of revenues ought to be; met by a like reduction of expenses, they do not approve of special taxation being imposed on miners to any greater extent than any other portion of the community, and the reduction, we may advocate, we trust will be looked upon as being based on fairness. The disbursement of goldfields revenue, we would entirely leave in the hands of the Government, trusting it will be based on the same principle.