60

NELSON GOVERNMENT GAZETTE.

Application to be Advertised.

2. A notice of every such application, and of the date fixed for the hearing thereof with full particulars of the locality of the land applied for, shall be advertised not less than twice, by and at the expense of the applicant, in such newspaper circulating in the district as the Warden shall direct; and copies of the newspapers containing such notice shall be produced to the Warden before he shall proceed to the hearing the application.

Deposit to be paid.

3. Before any such application shall be received by the Warden, the applicant must pay to a Receiver of Gold Revenue a deposit, the amount whereof shall be calculated as hereinafter set forth, and such Receiver shall give a receipt therefor in the form provided by the Treasury Regulations for the time being in force, and such receipt must be produced to the Warden on making the application.

Deposit, how calculated.

4. If application is made for 50 acres or any less area the amount of the deposit shall be £10. For any greater area the deposit shall be calculated upon the entire acreage at the rate of four shillings per acre, and any fractional part of an acre will be reckoned as an acre.

Boundaries must be marked.

5. The boundaries of the land applied for must be marked on the ground by L trenches, and substantial posts standing not less than three (3) feet above the surface at each corner thereof.

Areas must be Rectangular.

6. Every area of land so applied for must be rectangular in form, unless a creek or river, or other natural obstacle renders a deviation from the rectangular form necessary, and shall be laid out in accordance with Rules 1, 2, 3, and 4 of Section 14 of the Nelson Waste Lands Act, 1863.

Hearing.

7. Upon a day to be appointed by him, the Warden shall proceed to hear the application, but such hearing may be adjourned from time to time, if any sufficient or reasonable cause shall be assigned or known to the Warden.

Objections.

8. Objections to the granting of any application may be made either in writing prior to, or verbally upon the day of the hearing thereof; but every such objection must be sustained at such hearing by the objector in person, or by counsel.

Surveyor to Report.

9. Before or at such hearing a report and plan by the Chief Surveyor, or some person authorised by him, shall be furnished to the Warden, setting forth the probably auriferous nature, or otherwise of the land applied for; the prior existence or otherwise of any claim or mining privilege thereupon; and the desirability or otherwise of reserving the whole or any portion of such land for roads, water races, or other public or necessary purposes; and such Surveyor shall also (if so instructed by the Warden) attend at the hearing to render such information as may be required.

Warden to Report.

10. Immediately after the hearing the Warden shall forward the application, together with the Surveyor's report, and all other documents relating to the application, to the Superintendent. And therewith the Warden shall report whether any objection has been made, or any reason known to him, why such application should not be granted, and also whether the applicant is the holder of any other land under the Agricultural Lease Regulations; and if so, specifying the extent and area of any such land holding. And such report shall include the Warden's recommendation as to the granting or refusal of the application.

Protection during Application.

11. All applications for Agricultural Leases will be reserved for the final decision of the Superintendent, and land for which application shall have been made in the manner aforesaid shall be "protected" from the date of such application until such decision shall have been made known to the Warden.

Certificates.

12. After the approval of any application, and pending the issue of a lease, a certificate in the form in the third Schedule hereto will be issued to the applicant, and such certificate will bear date from the first day of the month wherein the application shall have been granted.

Failure to take up Certificate.

13. If any applicant fails or neglects to take up his certificate within thirty (30) days after notice by advertisement in a newspaper circulating in the District from the Warden that such certificate is ready for issue, such certificate may be forthwith cancelled, as upon such cancellation the deposit paid upon the application will be forfeited.

Term of Lease.

14. Leases will be granted upon such applications as may be approved by the Superintendent for a period of not exceeding seven (7) years from the first day of January, April, July, or October, which may be next ensuing the date of the certificate issued under regulation 12.

Certificates to be exchanged for Leases.

15. If the holder of such certificate shall neglect for the space of thirty (30) days from the time of notification by advertisement in a newspaper circulating in the district that the lease is ready for execution, to execute such lease and a counterpart thereof, the said lease shall become void and the ground declared open for occupation.

Rent.

16. The rent charged shall not exceed two shillings and sixpence (2s. 6d.) per acre, payable half-yearly in advance from the date of the lease, and every fractional part of an acre will be considered as an acre and charged accordingly.

Refusal of Applications.

17. In the event of the refusal to grant any application, the applicant will be entitled to a refund of the amount of his deposit less any charges that may have been incurred by reason of such application.