Timber-cutting Regulations




Sept. 18.] THE NEW ZEALAND GAZETTE. 1009

  1. Each application shall state the particular purpose for which the license is required, and the forest in which the timber is to be cut; and, on its being granted by the Land Board, the applicant shall immediately pay the prescribed fees to the Receiver of Land Revenue, and obtain a license.

  2. The area granted to hand-sawyers shall be confined to the bush named in the application, the locality and extent being fixed by the Board, and shall extend only to lands of the Crown therein mentioned. Any licensed person cutting timber beyond the limit of his area will be considered as unlicensed, and prosecuted accordingly.

  3. A fee of not less than £4 will be charged for a license for twelve months for each hand-sawyer, whether felling, cutting, sawing, or drawing timber for sale, and no license shall be granted for a shorter term than six months. The annual licenses to date from and after the 1st January, and the half-yearly ones from and after the 1st July, in each year, each terminating on the 31st December same year. In no case shall the charge be less than for half a year.

  4. No pine or totara sapling under 12 inches in diameter to be cut, and no manuka poles suitable for fencing purposes to be cut for firewood, under penalty of £10.

  5. 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 Land Board, it shall be restored to the claimant.

  6. 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 Land Board may direct.

  7. 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.

  8. The proceeds of the sale of timber so seized are to be accounted for and paid over to the Receiver of Land Revenue.

  9. 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 utilising the forest, the Board may in such case cancel the license.

  10. 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 Land 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.

  11. Licenses cannot be transferred without the consent of the Board first obtained, transfer-fee being 10s.

SAW-MILL LICENSES.

  1. Royalty shall be paid on the scale given in the Second Schedule of the State Forest Regulations, and shall be remitted to the Receiver of Land Revenue every three months: 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.

  2. 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 management and utilisation of the forests: Provided that before the issue of any renewed license the licensee shall produce a certificate from the Inspector or Ranger of Forests, or other person duly appointed by the Land Board on that behalf,---
    (1.) That the bush has been cut fairly, and that all available for saw-mill purposes has been used;
    (2.) That the saw-mill has been kept continuously in operation, when not stopped by causes considered unavoidable by the Board:
    (3.) That no trees or saplings under one foot in diameter have been cut for sale, or destroyed by the act of or by the neglect of the licensee or his servants, and that none of the provisions of the amended regulations under “The New Zealand State Forest Act, 1885,” or the by-laws of the Land Board, have been violated.
    (4.) And if it shall appear that these regulations have not been complied with, or that any wrongful acts have been done by the licensee, then the Land Board shall appoint a valuator to ascertain and assess the amount of damage which the forest, whether under license or not, may have sustained by such wrongful acts; and no new license shall be granted until the amount of damage so assessed shall have been paid, in addition to the sum due by way of rent and expenses of valuation.
    (5.) If at any time during the currency of the yearly license the Inspector or Ranger of Forests shall report that the timber on the licensed ground is being unfairly cut, the license may be suspended pending investigation, and cancelled if it is found that the by-laws or regulations have been infringed.

  3. The licensee shall keep a production book, showing the total number of superficial feet, without any classification, passing through the saw-mill each day, or hewn timber, and exhibit the same on demand of any person authorised by the Land Board, and shall furnish a correct copy of it to the Inspector or Ranger of Forests on or before the seventh day of each succeeding month, in the form prescribed in the Schedule; the penalty for omitting to make a return, or making a false return, being forfeiture of the license, and a penalty not exceeding £50, to be recoverable under clause 26 of “The Land Act, 1885.”

SCHEDULE.

DAILY PRODUCTION BOOK of Saw-mill situated at , giving the Daily Return of Timber sawn or hewn under License, during the Month of , 18 , in terms of section 14 of the Canterbury Timber Regulations.

Month of , 18 . Daily Production of Sawn Timber. Daily Production of Hewn Timber. Remarks.
Super. feet. Super. feet.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Totals

I, , do solemnly and sincerely declare that the above is a correct copy of production book for the month of , 18 , and is a true and complete return of all timber sawn or hewn under license during the month; and make this solemn declaration conscientiously believing it to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Made and subscribed at , in the Colony of New Zealand, this day of , in the year of our Lord one thousand eight hundred and



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1890, No 50





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🗺️ Regulations for Cutting Timber on Crown Lands

🗺️ Lands, Settlement & Survey
18 September 1890
Timber-cutting, Crown Lands, Licenses, Fees, Regulations, Forest Management