C—3

12

Board but shall not be less than sixpence per acre " be deleted, and the words " an amount equal to four per centum of the capital value of the land as determined by the Board " substituted. Sections 274, 275, 276, 277, 278, 279, 280, 281 : That these sections be deleted and the following inserted :— " The holders of miners' rights shall have the right to prospect over the whole area held under lease, except such part as is actually used as a garden, orchard, vineyard, nursery, plantation, or ornamental pleasureor is the site of, or situated within one hundred feet of the site of, any dwellinghouse, and for that purpose may, so long as they are legitimately engaged in prospecting, enter and camp thereon and use miningtimber and firewood growing thereon. " The provisions of subsections one, two, three, and five of section, one hundred and ninety of this Act shall extend and apply to leases under this Part of this Act. " The Warden, shall have the right to grant any mining privilege or easement in respect of the land comprised in. a lease under this Part of the Act subject to compensation for improvements as provided in the Mining Act, 1908, modified as hereinafter provided, and for the purposes of such grant the land shall not be resumed from such lease, but the following provisions shall apply : — " The Warden shall notify the Commissioner of the area over which the mining privilege has been so granted, and the rent payable under the lease shall be proportionately abated on. an acreage basis to the extent of such area, provided that such abatement of rent shall in. no case exceed the rent payable on account of the same area under the mining privilege ; but the lessee shall retain, the right to the surface soil, subject to the rights of the holder of such mining privilege, to whom free right of ingress, egress, and regress shall be permitted. " The holder of a lease shall not during the currency of a license for a mining privilege effect any improvements whatsoever upon the land held under such mining privilege without the written, consent of the Warden first had and obtained. "In the matter of compensation for improvements the following provisions shall apply :■ — " The licensee of the mining privilege shall notify the Warden as to any areas which he may from time to time desire to actually utilize for mining purposes, including the making of roads or tramways, sites for buildings or machinery, or for the deposit of tailings ; and compensation for improvements assessed in manner provided in. the Mining Act, 1908, on account of the area from time to time so notified to the Warden, shall be payable to the lessee by the holder of the mining privilege. " The holder of a lease over an area in respect of which a license for a mining privilege is granted by the Warden shall have no claim to compensation on account of any injury or damage caused to stock by mining operations upon, the area so held under mining privilege. " Upon the termination by effluxion, of time or otherwise of a license for a mining privilege granted over an area held under lease, the rent payable under such lease shall be proportionately increased on an acreage basis on. account of the area so released from license for mining privilege. " The lessee shall put upon the land comprised in his lease substantial improvements of like value and within the like periods as prescribed in section one hundred and sixty-two of this Act, subject to the right of the Land Board to modify such conditions in their discretion in the event of licenses for mining privileges being granted within the area. " Personal residence shall be compulsory, and shall commence on bush and swamp lands within four years, and upon open or partly open lands within one year, from the date of selection, and shall be continuous during the whole of the remainder of the term, subject, however, to the right of the Land Board to dispense with personal residence upon sufficient