✨ Occupation Licenses for Small Areas
MAY 16.] THE NEW ZEALAND GAZETTE. 629
or of any regulations made under the authority of
the said Act which are in force at the time of the
execution hereof, it shall and may be lawful for
the said lessor, or any person duly appointed in
that behalf, forthwith or at any time or times
thereafter to enter into and upon the land and
premises hereby demised, and thereby determine
this lease, and that without releasing the said
lessee, his executors, administrators, or assigns,
from his or their liability in respect of any rent
then due, or for or in respect of any preceding
breach of covenant.
Occupation Licenses.—Small Areas.
- (A.) Every person desirous of obtaining an
"occupation license," to occupy, for agricultural,
horticultural, or dairy purposes, any reserve or
portion of any reserve set apart for mining pur-
poses, or any other Crown land within any
mining district not exceeding fifty acres, shall
make application to the Warden in the form of
Schedule 34 to these regulations, or to the like
effect.
(B.) Every application for a section or sections
of surveyed land shall state the numbers of sec-
tion and block.
(C.) Every application for other than a whole
section or whole sections of surveyed land shall
state the estimated area, and shall contain a
verbal description of the land applied for, with
approximate measurements of boundary lines,
and be accompanied by a tracing or sketch from
a survey map.
(D.) Every application for unsurveyed land
shall contain a verbal description of the land,
with approximate measurements of boundary
lines and estimated area, and the boundaries
shall, so far as practicable, be straight lines,
roads, existing survey lines, or natural bound-
aries.
(E.) All land applied for other than whole sec-
tions shall be marked out by erecting at each
angle a post not less than three inches in diameter
and standing not less than three feet above the
surface of the ground, and by L trenches not
less than six inches deep, ten inches wide, and
five feet long.
(F.) A copy of every application shall be posted
at each corner of the land applied for, and main-
tained, for at least fourteen days before the hear-
ing.
(G.) Every application shall be advertised by
and at the expense of the applicant twice in such
one newspaper, or once each in such two news-
papers, as the Warden may direct, and copies of
such newspaper or newspapers shall be produced
at the hearing.
(H.) If there be no valid objection, and the
Warden be not aware of any sufficient reason
why a license should not issue, he may grant to
the applicant a license to occupy the land applied
for, or such portion thereof as he may deem ex-
pedient, and such license shall be in the form of
Schedule 34A to these regulations, or to the like
effect.
(I.) In granting any license to occupy, the
Warden may impose such special conditions as he
may deem advisable.
(J.) It shall not be necessary that the land be
surveyed before the issue of a license, unless
specially required by the Warden; but in every
license for unsurveyed land, or for a portion or
portions of a section or sections of surveyed land,
the area intended to be granted shall be stated
and the land shall be described as nearly as may
be by boundary lines.
(K.) Whenever an occupation license shall be
issued the licensee shall be entitled to occupy the
land described in such license, but subject always
to survey; and in case the land on being surveyed
shall be found to exceed or fall short of the area
stated in the license, the occupation license shall
be amended accordingly, but so that the total
area shall in no case exceed fifty acres.
(L.) On the issue of an occupation license the
licensee shall pay to the Receiver of Gold Revenue
the amount of one year's rent, and shall continue
to pay the same amount on the same day of each
succeeding year until the expiry of the license or
until the license shall be otherwise determined.
Rent shall be at the rate of not less than one
shilling (1s.) nor more than two shillings (2s.) for
every acre or portion of an acre: provided that if on
survey the area shall be increased or diminished,
the rent shall, upon the written direction of the
Warden, thereafter be adjusted accordingly.
(M.) Occupation licenses may be granted for
any term not exceeding ten (10) years; but at the
expiration of any such term the license may be
renewed, subject, however, in each case to such
increased rent and other conditions as may from
time to time be prescribed by regulations or may
be considered by the Warden to be advisable.
(N.) Free access shall be given over the land
occupied under any such license for holders of
miners' rights to prospect for gold, and to mark
out and take up claims, and to take levels for and
mark out the proposed course and position of
races, dams, tunnels, and tramways for mining
purposes; and the Warden may on application
grant any such claim, race, or mining privilege
without any compensation to the licensee, pro-
vided that, if the land or any portion thereof is
cultivated or otherwise improved, such cultivated
or improved land shall not, unless by consent of
the licensee, be interfered with or taken posses-
sion of for mining purposes until after three
months' notice to the licensee, who shall be en-
titled to remove any buildings or other improve-
ments that he may have on the land, and if the
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🗺️ Regulations for Occupation Licenses for Small Areas
🗺️ Lands, Settlement & SurveyOccupation Licenses, Small Areas, Mining Districts, Warden, Survey, Rent, Conditions, Renewal, Access, Mining Rights
NZ Gazette 1887, No 31