✨ Timber Regulations
THE NEW ZEALAND GAZETTE. 1355
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Every holder of a license to cut timber must exhibit such license to the officer appointed in that behalf whenever he may be called on to do so, or to any constable in the district, and on his refusal will be considered as unlicensed, and prosecuted accordingly.
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The Commissioner of Crown Lands may cause to be seized all timber cut on Crown lands, wherever found, which he may have cause to believe has been cut by an unlicensed person; but in case a right to such timber shall be asserted within fourteen days after the notice hereafter mentioned, and shall be established to the satisfaction of the Waste Lands Board, it shall be restored to the claimant.
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All timber when seized shall be marked with the broad arrow, and after due notice of the seizure thereof in writing, to be posted up in the Land Office or at the Police Station in the district where such seizure was made, shall, in case no claimant shall appear and establish his claim within fourteen days therefrom, be sold in such manner and subject to such conditions as the Waste Lands Board may direct.
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All timber cut under a yearly or half-yearly license must be removed within six weeks after the expiration of the license, and that cut under firewood, fencing, or special licenses, within three months after date of licenses, unless an extension of time be granted by the Board, otherwise it may be declared forfeited, seized, and sold on behalf of the Crown.
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The proceeds of the sale of timber so seized are to be accounted for and paid over to the Receiver of Land Revenue.
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If any person duly licensed shall have established a saw-pit for the purpose of sawing timber, no other person shall cut timber within one hundred yards of such pit without consent of the person first occupying such saw-pit: Provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for twenty-eight consecutive days, it shall be lawful for any other holder of a license to enter thereupon, and to cut timber as though such pit had not been established; or if such person should only cut timber to such extent within the twenty-eight days as would appear to the Board to be done merely for the purpose of excluding others, and not utilizing the forest, the Board may in such case cancel the license.
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If any license-holder shall, for the purpose of removing timber, have made a tramway or road upon land being waste lands of the Crown, and not being a highway, it shall not be lawful for any other person to use the same without permission of the person making the same first obtained: Provided that if such road shall not be used at any time for ninety consecutive days for removing timber, it shall be lawful for the Waste Lands Board to determine that the constructor of the tramway has forfeited his right to the same: Provided also that, as regards tramways, the Board reserves to itself the power of deciding on the merits of each case as it arises.
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Licenses cannot be transferred without the consent of the Board first obtained, transfer fee being 10s.
SAW-MILLS.
Exclusive right to cut timber on waste lands of the Crown may be granted for saw-mills on the following conditions:—
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Every application for such exclusive rights shall be made by the applicant at the Land Office, Invercargill, in a form to be prescribed by the Board, and be accompanied with a sketch as nearly as may be of the land required, and a deposit of £10, to be forfeited if the application is abandoned; and the Board may either grant or refuse the license, or any part thereof, or put the application to auction at an upset price to be fixed by the Waste Lands Board, as a bonus in addition to the royalty fees.
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The area within which exclusive right to cut timber shall be granted for the erection of any saw-mill shall (except as hereinafter mentioned) be estimated at ten acres for each horse-power of the engine, with a reserve of four years’ cutting, inclusive of the first year, in similar proportion to the first year’s grant; and, as regards shape, shall be a rectangular block of a depth of not less than double the breadth, the Board reserving to itself the power of determining the frontage and the extent of area to be granted, such being regulated by the size, position, &c., of the bush. Any licensee found cutting outside the boundary of his license shall be liable to a penalty not exceeding £20, to be recovered under clause 89 of “The Land Act, 1877,” and forfeiture of his license. It shall be lawful for the Board to grant firewood or fencing licenses within such area, such licenses to authorize the cutting and removing the remainder of the felled timber abandoned by the sawmiller, or timber unsuitable for saw-mill purposes, but not to cut down any standing trees suitable for the saw-mill purpose; firewood or fencing licenses not to interfere with the operations of the sawmiller. Sawmillers may cut firewood and fencing on their applications at the rates named in sections 6 and 7, entering the same in their monthly returns.
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Within fourteen days the Waste Lands Board shall determine whether such application shall be granted, and the applicant shall forthwith deposit with the Treasurer of the Waste Lands Board the amount of survey fees, and a deposit in cash, or properly marked banker’s cheque, on the following scale:—
10 to 12 horse-power engine ... £50
13 to 15 ,, ,, ... 75
16 to 20 ,, ,, ... 100
Above 20 ,, ,, ... 200
Such deposit to be forfeited if the mill is not erected within six months from the date of granting the application, unless the time be extended by the Board. Deposits to be returned on certificate of the Inspector or Ranger of Forests that the necessary plant is on the ground within the stipulated time, when the applicant will get his license, from which date the licensee’s four years will commence: Provided always that no timber shall be cut for sale before the issue of the license.
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As soon as practicable after the payment of such deposit, the Chief Surveyor shall cause the application to be surveyed, and its boundary lines cut. The survey to be conducted in every respect in accordance with survey regulations in force at the time.
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The fee chargeable under every such license shall be at the minimum rate of 3d. for every hundred superficial feet cut during the currency of the license, and shall be paid monthly: Provided that if any rent due remain unpaid for more than six days the license shall be deemed to be cancelled, and the bush open for application, without any notice being given to the licensee. A saw-mill licensee not to be at liberty to cut timber for any other than saw-mill purposes previous to his erecting the necessary saw-mill machinery, except as per section 8.
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A fee of £5 shall be paid to the Receiver of Land Revenue on the transfer of such license.
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Every such license terminable within any year shall be drawn so as to terminate on the 31st day of December in each year, and may be renewed from year to year, but subject to such alterations in the regulations as may be found necessary for the better
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✨ LLM interpretation of page content
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Southland Land District Timber Regulations under The Land Act, 1877
(continued from previous page)
🌾 Primary Industries & Resources23 September 1878
Timber licenses, Southland Land Board, Fees, Saw-mills, Tramways, Exclusive rights, Survey, Royalty fees
NZ Gazette 1878, No 95