the Board to the occupant for the injury to the crop nor shall be taken through any garden or within thirty feet of any buildings without consent of the occupants and the Highway Board taking such road be through lands already fenced shall be bound to fence each side with a substantial fence.

Provision in case of death of holder of certificate.

14. In the event of death before grant of any person or persons in whose favour such certificate as aforesaid shall have been issued all rights and privileges thereunder shall pass to his or their appointee in writing and failing such appointment shall pass to the personal representatives of the deceased person or persons and failing such representatives to the person or persons in actual occupation of such lands and failing such occupation such land shall revert to the Crown.

Crown Grant must be applied for within one year after expiry of three years.

15. Any person or persons in whose favour such certificate shall have been granted shall within one year after the termination of the aforesaid three years’ occupancy apply for a Crown Grant of the said land otherwise he or they shall forfeit all right thereto except to such part thereof as shall then be built upon or in actual cultivation.

Lands may be reserved or sold prior to occupation.

16. Nothing herein contained shall be held to interfere with the reservation selection and sale under “The Auckland Waste Lands Act 1867” of lands declared open for occupation prior to the actual occupation thereof.

Repeal of Land Order clauses.

17. Sections twenty-one to twenty-nine inclusive of “The Auckland Waste Lands Act 1867” are hereby repealed saving nevertheless to all persons any rights already acquired thereunder.

Power to lease the right of flax-cutting.

18. It shall be lawful for the Waste Lands Commissioner with consent of the Superintendent to lease by public tender the right to cut flax on any Waste Lands of the Crown for a term not exceeding seven years such right being determinable at any time at three months’ notice on the land being required for the purposes of sale or bona fide occupation as hereinbefore mentioned.

Power to lease right of cutting kauri timber for sale.

19. It shall be lawful for the Waste Lands Commissioner with consent of the Superintendent to lease by public tender the right to cut kauri timber for the purpose of sale on any Waste Lands of the Crown for a term not exceeding seven years and to erect saw mills and machinery thereon with right of removal thereof reserving nevertheless to the Crown the right of sale or disposal of the land subject to such lease and the right to sell or lease any products other than the kauri timber thereon.

Power to grant water rights.

20. It shall be lawful for the Governor on the recommendation of the Waste Lands Commissioner and the Superintendent to make and from time to time on such recommendations as aforesaid to rescind or alter regulations for granting to any person the right to form any dam reservoir lead or flume and any embankment in connection therewith in through or over any Crown Lands or in through or over the lands belonging to the applicant and for taking diverting or using the water of any stream for the purpose of such dam reservoir lead or flume subject to such conditions as to the repairs of such dams reservoirs leads flumes and embankments and the use of such water-rights and such other conditions and upon payment of such rents or fees as may be specified in such Regulations and the Governor may make grants in accordance with such Regulations provided such taking use or diversion shall not interfere with any use to which any other proprietor on the said stream had previously lawfully applied the water of said stream.

Notice to be given before granting water-rights and objections how to be decided.

21. Upon any application being made for a water-right as aforesaid such application shall be publicly notified in each Provincial Government Gazette for two months prior to the recommendation of the grant and any person objecting thereto shall be entitled to have such objection referred by the Superintendent to the Waste Lands Commissioner and two Justices of the Peace and the decision of the Commissioner and such two Justices shall be final provided they are unanimous otherwise no recommendation shall be made.

Provision for sale and conveyance of land held by the Superintendent.

22. All lands heretofore or hereafter acquired or held by the Superintendent for the use of the Province under an absolute conveyance shall be sold or otherwise disposed of under the Waste Lands Laws of the Province for the time being in force or otherwise as may be prescribed by any Act or Ordinance of the Superintendent and Provincial Council and when so sold and disposed of may be conveyed by the Superintendent to the purchaser by deed under his hand and the Seal of the Province.

Resident occupiers may depasture on Waste Lands.

23. The resident occupiers of land within any Highway District shall be entitled to depasture on the Waste Lands of the Crown within such District such number and description of great cattle in proportion to their several holdings as the Trustees for the District shall prescribe on a payment to the trustees of such annual fee not exceeding two shillings and sixpence per head of such cattle over six months old as the trustees shall fix.

Penalty for illegally depasturing.

24. Any person not being an occupier of land who shall depasture or permit to depasture any cattle upon the Waste Lands of the Crown within any Highway District or who being an occupier shall depasture or permit to depasture any cattle prohibited by the Trustees or a greater number than prescribed or without payment of the fees fixed shall be liable to have such cattle impounded as for a trespass.

No liability for trespass on unfenced land.

25. No person depasturing cattle under section twenty-four of this Act shall be liable for any trespass by such cattle on any land within such District unless such land shall in the opinion of the Trustees of the District be sufficiently fenced.

Application of fees and penalties.

26. All fees received under section twenty-four shall be applied to local improvements within the District.

Waste Lands Commissioner and Crown Land Commissioner to mean same thing.

27. The term “Waste Lands Commissioner” when used in this Act “The Auckland Waste Lands Act 1867” or “The Auckland Waste Lands Act 1867, Amendment Act 1869” shall be held and taken to mean the Commissioner of Crown Lands for the Province or his deputy.

Interpretation.

28. This Act together with “The Auckland Waste Lands Act 1867” and “The Auckland Waste Lands Act 1867 Amendment Act 1869” shall be taken and read as one Act.