8
THE NEW ZEALAND GAZETTE.
[No. 1

Regulations under “The New Zealand State Forests Act, 1885.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-seventh day of December, 1897.

Present:

His Excellency the Governor in Council.

IN exercise and pursuance of the powers and authorities conferred by “The New Zealand State Forests Act, 1885,” His Excellency Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the Order in Council dated the third day of March, one thousand eight hundred and ninety, and published in the New Zealand Gazette of the sixth day of March then instant, and the several regulations contained in the Schedules thereto, and the amendment thereto made by an Order in Council issued on the twenty-sixth day of February, one thousand eight hundred and ninety-five, and in lieu thereof doth hereby make the regulations contained in the First and Second Schedules hereto: Provided such revocation shall not be deemed to prejudicially affect any right or privilege acquired, work authorised, offence committed, forfeiture penalty or liability incurred, action or proceeding commenced under authority of or against the provisions of the said regulations prior to such revocation taking effect; and it is hereby declared that these regulations shall come into force and take effect on and after the sixth day of January, one thousand eight hundred and ninety-eight, and shall apply to State forests generally.

FIRST SCHEDULE.

GENERAL REGULATIONS.

“FOREST” in these regulations means any State forest or forest reserve subject to the provisions of “The New Zealand State Forests Act, 1885.”

1. Where it is necessary to grant to any licensee 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 Commissioner of Crown Lands, with the approval of the Minister of Lands, 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.

2. All timber and other produce within any forest may be disposed of, either by auction at per 100ft., or by appraisement, or license to fell, upon such terms as the Minister shall prescribe; and all moneys which shall be payable for such timber or other produce shall be paid, in such manner as he shall direct, to the Receiver of Land Revenue.

3. When required by the Commissioner of Crown Lands, any person holding a license to fell timber shall use a brand, and shall register the same in the office of the said Commissioner; and no two persons shall use the same brand.

4. 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 of such timber, shall be guilty of an offence, and shall be liable to a penalty not exceeding £50 for every such offence; but the payment of such penalty shall not debar the person aggrieved from recovering the amount of any damage he may have sustained by the action of the delinquent.

5. Any person lighting any fire within a forest, whether on Crown land or otherwise, and intentionally or negligently allowing the same to spread, shall be guilty of an offence, and shall be liable to a penalty not exceeding £50; but the payment of such penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.

6. Any person who shall permit any fire lighted by him outside the boundaries of any such forest to spread into or cause injuries to such forest shall be guilty of an offence, and shall be liable to a penalty not exceeding £20; but the payment of such penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.

7. Any person who shall unlawfully injure or destroy any timber or other tree or shrub growing in any forest, nursery, reserve, or plantation, shall be guilty of an offence, and shall be liable to a penalty not exceeding £5 for every timber-tree so injured or destroyed, and a penalty not exceeding £1 for every other tree or shrub so injured or destroyed. But in no case shall the aggregate penalty be more than £50.

8. Any unlicensed person who may be found digging for kauri-gum or other products within the boundaries of any forest shall be liable to a penalty of not exceeding £20.

9. Any person who shall suffer any cattle or animal of any kind to wander in any forest, or to browse upon or otherwise destroy any timber or other trees or shrubs therein, shall be guilty of an offence, and shall be liable to a penalty not exceeding £5; and the payment of such penalty shall not prevent the recovery from the wrongdoer of the amount of any damage which may be done by any such cattle or animal; but nothing in this or any other regulations contained shall apply to cattle being driven on any public road through any forest, or temporarily wandering without neglect of the person in charge of the same.

10. Any Ranger or other person may drive any cattle or other animal as aforesaid to the nearest public pound, and the same shall not be released therefrom except upon payment to the Commissioner of Crown Lands of the usual driving-fees and poundage-charges.

11. Any person who shall trespass in any forest shall be guilty of an offence, and on conviction thereof shall be liable to a penalty not exceeding £50. Any person, whether licensed or not, who may be found trespassing in or near any forest during the months of November, December, January, February, and March, or who shall in the opinion of any Crown Ranger be doing any act whereby there is a danger of the forest being destroyed by fire, shall be guilty of an offence, and shall be liable to a penalty not exceeding £50.

12. Any person who shall hinder or obstruct any officer concerned in the management of any forest in the execution of his duty shall be guilty of an offence, and be liable to a penalty not exceeding £20.

13. Applications for licenses to cut timber in any forest shall be made at the office of the Commissioner of Crown Lands of the district in which the forest is situated.

14. Every application shall be made on one of the forms prescribed for that purpose, and may be accompanied by a sketch showing the position and extent of the area selected, and shall state the particular purpose for which the license is required; and the applicant shall, where required, deposit the amount of survey-fees, which shall be forfeited if the application be abandoned or not proceeded with for the space of one month.

15. As far as possible sawmill areas shall be in a rectangular form, the proportion of length to breadth not exceeding three to one, or shall include one side of a watershed, except where previous surveys or other circumstances render this impracticable.

16. As soon as practicable after payment of survey-fees for a sawmill area the necessary survey and valuation shall be made, the survey to be made in accordance with such regulations as the Surveyor-General may prescribe.

17. Upon the application being granted by the Commissioner of Crown Lands, the applicant shall, as may be agreed, pay the value of the timber included in the area to the Receiver of Land Revenue, or execute such agreement as may be prescribed, after which a license may be issued.

18. Whenever the department in any case shall deem it advisable to use an official brand, this shall consist of the letter F branded on a space exposed by the removal of a chip near the base of the tree.

19. All trees when branded shall be felled above the official brand.

20. In the event of any dispute respecting the correctness of the valuation or the correctness of any statement of timber cut, the decision of the Commissioner of Crown Lands, or of some officer specially appointed by him, shall be final; and in the case of any dispute as to the quantity of timber cut, the decision of the Commissioner as to the amount to be paid shall be forthwith complied with, subject, however, to the right of the licensee to proceed for the refund of any sum alleged to be overpaid.

21. Any licensee cutting timber outside his boundary-line shall pay the value of the timber, and shall be liable to a penalty not exceeding £5 for each tree, at the discretion of the Justice or Justices before whom the case may be brought; but the payment of such penalty shall not prevent the recovery of the amount of any damage which may be done by such licensee.

22. Every licensee shall point out the extent of his cutting when required so to do by any officer appointed under the authority of the Land Act or these regulations.

23. The Commissioner of Crown Lands shall have power to reserve trees required for special purposes on any area for which a license may be granted; such trees to be branded with the letters F.R.

24. 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 in a forest 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, such timber shall be restored to the claimant.