Act Repealed Latest version as at 14 November 1871 (as enacted) | 1871 No 13

Auckland Mineral Leases Act 1871

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Leases may be granted on certain terms and conditions.

Superintendent may make regulations.

Act not to apply to gold.

Auckland Mineral Leases Act 1871

Public Act		1871 No 13
Date of assent		14 November 1871

	Title
	Preamble.
1	Short Title.
2	Interpretation.
3	Leases may be granted on certain terms and conditions.
4	Superintendent may make regulations.
5	Act not to apply to gold.

An Act to authorize the Granting of Leases of Land in the Province of Auckland for Mining Purposes.

Preamble.

WHEREAS it is expedient to enable the Superintendent of the Province of Auckland to grant leases of Waste Lands of the Crown for Mining purposes:

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 shall be “The Auckland Mineral Leases Act 1871.”

2 Interpretation.

Throughout this Act the following words shall have the meanings hereby respectively assigned to them:—

“Superintendent” shall mean Superintendent of the Province of Auckland with the advice and consent of his Executive Council so long as such Council shall exist and “land” shall mean Waste Lands of the Crown in the Province of Auckland.

3 Leases may be granted on certain terms and conditions.

It shall be lawful for the Superintendent to grant leases of land for the purposes of mining and working the minerals therein subject to the following terms and conditions:—

(1.)

Every such lease shall comprise so much land as shall be necessary in the opinion of the Superintendent for the efficient working of the minerals not being less than twenty acres or more than eighty acres in respect of all minerals other than coal and in respect of coal any number of acres not being less than one hundred and sixty acres or more than six hundred and forty acres.

(2.)

The term to he granted in each lease shall he any number of years at the option of the lessee not exceeding twenty-one and with a right of renewal upon such terms as the Superintendent may decide for a further period of twenty-one years.

(3.)

There shall he reserved such rents as the Superintendent shall think fit.

(4.)

Every lease shall contain clauses in the usual form introduced into mining leases—

(a.)

For securing the payment of the rent.

(b.)

For enabling some person on the part of the lessor from time to time to enter and examine the mine.

(c.)

For securing the regular proper and efficient mining and working of the minerals.

(d.)

For making void the lease on breach of the stipulations on the part of the lessee therein contained.

(e.)

For delivering up the demised premises in good tenantable repair.

(f.)

To enable the lessee to surrender the lease.

4 Superintendent may make regulations.

It shall be lawful for the Superintendent to make such regulations as he may think fit as to the form time and manner of making applications for leases and all such other regulations as he may think fit in order to facilitate and effectually carry out the objects of this Act.

5 Act not to apply to gold.

Nothing in this Act shall apply to gold or authorize the lessee to mine or dig for gold on any land demised under the powers hereinbefore contained and it shall be lawful for the Governor of New Zealand and for any delegate appointed by him in exercise of the powers given by the Gold Fields Acts for the time being in force and by such delegation respectively to constitute any of the land comprised in any such lease as may not be required by the lessee for efficiently and satisfactorily carrying on mining operations on the demised land to be a Gold Field under the said Acts Provided that provision shall be at the same time made for compensating and indemnifying the lessee from any loss or damage to be hereby occasioned.

Auckland Mineral Leases Act 1871