An Act to enable the Mayor and Councillors of the Borough of Alexandra to use a Water-race and the Water thereof for Domestic, Irrigation, Agricultural, and Mining Purposes.

Preamble

[Repealed]

The preamble was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

The Short Title of this Act is “The Alexandra Borough Race Enabling Act 1900.”

2 Corporation may use race for certain purposes

The water-race more particularly described in the license therefor set out in the Schedule hereto, may be used for all or any of the following purposes—namely, domestic, irrigation, agricultural, or mining—without in any way being liable to loss of priority, diminution in amount, cancellation, forfeiture, or surrender under or by virtue of the mining laws of New Zealand, and shall not be liable to forfeiture on the ground that the said water-race has not, prior to the coming into operation of this Act, been used for the purpose for which it was granted:

Provided always that in all other respects the said race shall be held subject to the provisions of the mining laws of New Zealand under which the same is now held.

This section was amended, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40) by omitting the words “hereinbefore mentioned, and”.

3 Renewals

The provisions of section two hereof shall apply to all renewals of the said license.

Schedule
New Zealand.—license for a water-race

No 5625.

District of Otago.

Date of issue: Otago, Alexandra, 1st December, 1890. Issued to William Theyers in lieu of similar title held under “The Mines Act 1877,” and preceding Acts, dated and numbered respectively (original licenses) 2103, 5.4.64; 9182, 24.10.65; and 2126, 1.2.67 surrendered by the said William Theyers. To be in force until the 30th November, 1905.

In pursuance of the provisions of “The Mining Act 1886”, the person abovenamed is authorised to construct and use the water-race, and divert water as hereinafter described—that is to say, commencing at a point in Chatto Creek one and a half miles above the crossing, Dunedin Road, and terminating at Alexandra Coalpit Point in the Clutha River.

The length of such race is twenty-five miles or thereabouts, and its intended course is about east and west, with right to divert twenty (20) Government heads of water, priority to such water to date as follows—that is to say, five (5) heads from and including 5th April, 1864, five (5) heads from and including 21st October, 1865, and ten (10) heads from and including 1st February, 1867, for gold-mining purposes.

The mean depth of such race is ,

The mean breadth is, Subject to the payment of $1 annually.

This license was issued by me at Alexandra in the Mining District of Otago.

(LS)

J Nugent Wood, Warden.

The reference to “$1” was substituted, as from 10 July 1967, for a reference to “10s.” pursuant to section 7(1) of the Decimal Currency Act 1964 (1964 No 27).

Alexandra Borough Race Enabling Act 1900