✨ Timber Cutting Regulations
is working as wages-man, over any area for which such
certificate is granted.
- Hand-sawyers', Splitters', and Wood-cutters' Certificates.—Every person being the holder of a hand-sawyers', splitters', or wood-cutters' certificate shall be entitled to an area of not exceeding 5 acres, and shall have the right to construct saw-pits.
262A. Mining Registrars are hereby authorised to issue monthly licenses to cut timber in any part of any bush or forest that may be named therein on application in the form in Schedule 4 hereto; and licenses, to be in force for a period of one month, empowering the holder thereof to cut timber exclusively for mining purposes and domestic use in any part of the bush or forest named in the application, may be issued in the form in Schedule 5 hereto. The fee for every such monthly license shall be 10s. :
Provided that no license shall be issued to any person who may have been twice convicted of a breach of any of these regulations or the regulations under Part XXVIII., for the issue of licenses to cut timber, dated the 23rd December, 1891.
- Saw-mill Timber Applications.
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Any person, being the owner or lessee of any saw-mill and saw-mill plant, or desirous of cutting timber for sale for bond fide mining purposes, or any purpose incidental or conducive thereto, or for sale to such saw-mill owner or lessee, shall make application to the Warden for permission, in the form in Schedule 1 hereto, and a copy of such application shall be posted for seven days outside the Warden's office. If no valid objection be made, the Warden may grant a certificate in the form in Schedule 2 hereto, on payment of a fee of 5s. for a certificate which shall be in force for six months, or 10s. for a certificate which shall be in force for twelve months from the date thereof, and such license shall entitle the holder thereof to cut timber, subject to payment of the following royalties: Kauri, totara, matai, silver-pine, and kawaka, 6d. per 100 superficial feet; all other timber, 3d. per 100 feet; and timber cut into blocks for paving sluices, 2d. per 100 superficial feet: Provided that no such certificate shall entitle the holder thereof to cut timber on land within any proclaimed forest reserve; and, within the authorised area as defined in the contract made by the Queen with the New Zealand Midland Railway Company (Limited), dated the 3rd August, 1888, such certificate shall only entitle the holder thereof to cut timber for mining purposes on lands which have been set apart under the said contract for mining purposes.
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Every applicant for a certificate shall state whether he desires to cut timber for saw-milling or for other purposes.
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Any person cutting timber outside his boundary-line shall be guilty of a breach of these regulations, and shall pay a royalty of 6d. per 100 superficial feet in respect of the timber so cut.
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Every holder of a certificate shall point out the extent of his cutting when required so to do by the Warden or any person appointed in writing by him.
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Saw-mill Timber Certificates.—The holder of any saw-mill timber certificate shall be entitled to an area not exceeding 200 acres. He may, however, apply to have an additional adjoining area of 200 acres reserved for him for a period of two years from the date of his certificate, and if he shall within six months have erected a saw-mill and plant, as hereinafter required, he shall, upon relinquishing the certificate for the area first granted, receive a certificate for such additional adjoining area. The holder of every saw-mill timber certificate shall, within six months from the date of his certificate, erect upon the area first granted to him a substantial and fully-equipped saw-mill plant, including all the necessary buildings thereto appertaining, which saw-mill plant must be kept in continuous working operation, unless valid and satisfactory reasons can be given to the Warden for any temporary stoppage. In the event of his neglecting to erect such saw-mill plant within the prescribed time, his certificate shall be null and void. Should at any time the mill be closed for a longer time than the Warden thinks necessary or reasonable, it shall be competent for him to give the holder of such certificate one month's notice in writing, and, should the said holder fail or neglect to resume and continue the bond fide working of the mill, the Warden shall declare the certificate forfeited, and may immediately declare the saw-mill area open for selection. The holder of such certificate may, within three months of the date of forfeiture, however, remove any building or machinery he may have erected. Whenever the holder of a saw-mill timber certificate applies for a reserved area adjoining the area previously held by him, such last-mentioned area shall be deemed to be worked out, and the land and remaining timber, if any, shall immediately and absolutely revert to the Government: Provided that every saw-mill timber certificate shall be granted subject to the right of any holder of a miner's right, and every person on whose behalf a consoli-
dated miner's right is granted to cut and remove timber (not being kauri or reserved trees) for fencing a garden or residence area which may be held by him, and also timber for his own domestic use, or for props, caps, laths, sluice-boxes, or paving-blocks for sluice-boxes, in connection with the claim held by him personally or conjointly with his partners, or in which he is working as wages-man, over any area for which a saw-mill timber certificate is issued.
- Marking out Saw-mill Area.—The applicant for any saw-mill certificate shall, previous to lodging his application, mark out the land applied for by blazing the front- and side-lines, and by placing pegs at each corner angle of such land, such pegs to stand at least 2ft. above the surface of the ground, and to be at least 4in. in diameter; and the Warden may, previous to finally dealing with such application, direct a survey of the land to be made at the expense of the applicant, and may order such applicant to deposit a sufficient sum to cover the expenses of survey before the same be made: Provided that the Warden shall have power to grant all applications for mining privileges, business sites, and residence areas under the regulations of the 23rd December, 1891, aforesaid, upon any saw-mill area over which a saw-mill certificate may have been issued, and upon any reserved adjoining area; but when granting such mining privilege, business site, or residence area it shall be provided that the holder of a saw-mill certificate shall have the right to cut and remove the timber therefrom on receiving notice so to do from the holder of the mining privilege, business site, or residence area, and, failing the cutting and removal by the holder of the saw-mill timber certificate, then within one month the holder of the mining privilege, business site, or residence area shall have power to cut and remove any timber growing upon the land held by him.
Full power shall be reserved to the Governor or to the local authority to take and make roads or tracks through any area over which a certificate to cut timber may have been granted, or through any reserved adjoining area.
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Rights of Owner of Claim.—The owner of any claim shall be entitled to cut and use for mining purposes all timber (other than kauri) growing upon the said claim, and shall be entitled to cut for his own mining purposes any timber (other than kauri) growing on unoccupied ground.
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Kauri Timber to be paid for.—Any person requiring kauri timber must apply to the Warden, who may give permission to cut the same on payment to the Receiver of Revenue of a royalty not exceeding 6d. per 100 superficial feet contained in such tree, but in no case shall the amount be less than £1 5s. sterling for each tree.
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Where it is necessary to grant to the holder of any certificate or other person authorised to cut and remove timber, bark, or wood for fuel from any forest, any right or rights of way through any part of the same, the Warden may grant such right or rights, and may impose such conditions in each case as may be deemed necessary. But no such right shall exist for any period beyond the term specified in the original license or authority.
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When required by the Warden any person holding a certificate to fell timber shall use a brand, and shall register the same in the office of the said Warden; and no two persons shall use the same brand.
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Any person marking any timber with any brand not belonging to him, or branding any timber belonging to any other person with any brand other than the brand of the owner thereof, shall be guilty of a breach of these regulations; but the payment of any penalty shall not debar the person aggrieved from recovering the amount of any damage he may have sustained by the action of the delinquent.
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Any person lighting any fire within a forest, and intentionally or negligently allowing the same to spread, shall be guilty of a breach of these regulations; but the payment of any penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.
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Any person who shall permit any fire lighted by him outside the boundaries of any forest to spread into or cause injuries to such forest shall be guilty of a breach of these regulations; but the payment of any penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.
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Any person who shall unlawfully injure or destroy any timber or other tree or shrub within the limits of any forest shall be guilty of a breach of these regulations.
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Any person who may be found felling or cutting timber for sale without being the holder of a certificate, within the boundaries of any forest, shall be guilty of a breach of these regulations: Provided this shall not apply to any holder of a miner's right who may be found cutting timber for his own domestic use or for mining purposes in connection with the claim held by him personally or conjointly with other partners, or in which he is working as wages-man.
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Royalty on all timber shall be paid at the rates hereinbefore specified; and every holder of a certificate shall
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✨ LLM interpretation of page content
🌾
Regulations for Timber Cutting and Saw-mill Operations
(continued from previous page)
🌾 Primary Industries & Resources1 March 1893
Timber Cutting, Saw-mill, Licenses, Royalties, Mining, Forest, Regulations
NZ Gazette 1893, No 25