Mar. 22.] THE NEW ZEALAND GAZETTE. 605

41. Nothing herein shall give a licensee any right to apply for a license for any reserved area, or to surrender any area he holds for the purpose of obtaining the same, unless the Land Board is satisfied that all suitable milling-timber that can reasonably be cut has been removed by the licensee from the area to be surrendered by him.

42. No timber other than what is necessary for work in connection with the establishment of a sawmill shall, in cases where it is stipulated that a sawmill shall be erected, be removed from the area under license until such time as the milling plant is erected thereon.

43. The license, for the purpose of fulfilling conditions, is to date from the time the applicant is notified of completion of survey, or from the date of the license when no survey is required.

44. The Land Board may, at its discretion, authorise the acceptance of promissory notes bearing good indorsements as part payment of royalty in advance. Such indorsements shall be deemed to be good if the Commissioner of Crown Lands officially recommends the acceptance of the same.

45. The applicant for a sawmill area shall state in his application what timber he proposes to use, and if such application is entertained he will be charged with such timber only, but such proposal must include all generally marketable timber on the land. Other timber not included in the application shall not be cut or used excepting for tramways or buildings.

46. No black-, red-, or white-pine, totara, miro, or other milling-timber of less than 12 in. in diameter at the butt will be included in the valuation, and the cutting by the licensee of any timber under the size specified, unless specially authorised, will be deemed to be unlawful: Provided, however, that smaller timber for laying tramways, building sheds, or other such purposes connected with the sawmill, may be cut and used in quantity to be approved by the Commissioner of Crown Lands on behalf of the Board.

47. In the event of an existing sawmill license or of any sawmill license hereunder being renewed, it shall be subject to the regulations for the management and utilisation of the bush for the time being in force: Provided that before the issue of any renewed license the licensee shall produce a certificate from the Crown Lands Ranger or other person duly appointed in that behalf showing—
    (1.) That the timber has been cut in a continuous and regular manner:
    (2.) That the sawmill has been kept continuously in operation, when not stopped by causes considered unavoidable by the Commissioner of Crown Lands:
    (3.) That, where so provided against, no trees or saplings under 12 in. 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 regulations under which the license was granted have been violated.

48. If at any time it shall appear necessary to ascertain what damage has been committed in a forest either by a licensee or other person, then the Commissioner of Crown Lands shall appoint a valuator to ascertain and assess such damage; 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, royalty, and expenses of valuation.

49. If at any time during the currency of the license the Crown Lands Ranger shall report or it otherwise appears that the timber on the licensed ground is being improperly cut, the Commissioner of Crown Lands may, by notice in writing to the licensee, suspend the license pending investigation, and such Commissioner may cancel such license if it is found that the regulations have been infringed without any prejudice to any proceeding for the recovery of damage done, rent or royalty due, or otherwise howsoever.

SPECIAL LICENSES BY APPRAISEMENT OR AUCTION.

50. Special licenses for single trees or clumps of trees may be granted at the discretion of the Land Board, on payment of such fees as may be fixed by such Board.

51. It shall be a condition precedent to the sale of any quantity of timber other than a single tree that a Crown Lands Ranger or other officer shall first report on the estimated quantity, quality, and general position and value of such timber; and such report shall be forwarded to the Board, who shall decide in what manner the timber is to be disposed of.

52. Timber sold by auction shall be subject to such terms of payment as may be fixed by the Board in each case. If any balance of purchase-money remains unpaid for the space of seven days after the time limited for payment thereof, the Board may declare the contract of sale, and all rights and privileges of the purchaser thereunder, to be at an end, and thereupon any moneys paid in respect of such contract shall be absolutely forfeited to Her Majesty.

53. Before any license is issued to any purchaser of timber bought at auction, all timber so sold shall be branded by a Crown Lands Ranger F on a space exposed by the removal of a chip near the base of each tree sold, and only such timber as bears such brand shall be felled, cut, sawn, or removed by the licensee.

LICENSES TO HAND-SAWYERS, WOODCUTTERS, AND SPLITTERS.

54. Areas of from 1 to 20 acres may be granted to hand-sawyers on the same terms and under similar conditions as those for sawmill licenses, but no additional area shall be reserved for the use of the applicant, and no such license shall be issued for a longer period than two years. Hand-sawyers and splitters shall have the right to construct saw-pits and huts on sites approved by the Board.

55. Licenses to cut firewood, or to split posts, slabs, rails, palings, shingles, and fencing-stakes, in forests when cleared of milling-timber, or in forests which are not heavily timbered, may be granted within specified areas at the following rates, viz. —
    For an area 200 ft. by 200 ft. .. £2 10s.
    " 200 ft. by 100 ft. .. £1 10s.
    " 200 ft. by 50 ft. .. £1
    } Per annum per man.
    For a license to cut one or more kauri-trees, at schedule rates.

In sparsely timbered areas these areas may be extended at the discretion of the Board, but so as not to include more timber than can be felled by one man within one year.

56. Licenses to cut firewood or to split posts, slabs, rails, palings, shingles, or fencing-stakes, within virgin forests heavily timbered and within the areas circumscribed in regulations 54 and 55 may, at the discretion of the Land Board, be granted at the following rates: For firewood only, £5 per annum per man; for posts, rails, slabs, palings, shingles, and sleepers, £7 10s. per annum per man. The Board may, as the case demands, grant licenses at a fixed rate per annum, or at the schedule rates of royalty hereinafter specified, or may, if the timber is exceptionally valuable or plentiful, increase any of such rates, or it may refuse the application.

57. It shall be competent for the Land Board to refuse to grant licenses for cutting firewood, or for splitting timber for sleepers, posts, rails, slabs, fencing-stakes, palings, shingles, or firewood, within a virgin forest, or within any forest which contains milling-timber in quantity sufficient for milling or handsawing.

SPECIAL LICENSES.

58. Licenses may be granted by the Board to settlers not entitled to free firebote, and to others, to cut firewood, fencing, shingles, and palings, after valuation and payment according to the schedule. Licenses to settlers entitled to free firebote shall be issued on application; but such license shall not entitle the settler to cut timber or firewood for sale, or for any other purpose than for fuel for himself and household.

59. Licenses may be granted, on payment of fees to be fixed by the Land Board, to cut wood to burn for charcoal, or the extraction of potash, tar, pitch, or other secondary products; but the licensee shall observe such precautions as may be deemed necessary to prevent injury from fire, and he will be held responsible for any injury done to any forest by improper or negligent operations; and nothing herein shall entitle him to carry on any operations in any forest during the periods within which such forest is closed pursuant to these regulations.

60. Licenses to peel bark may be granted at the discretion of the Board, but only under such terms and conditions as it may deem proper.

SECOND SCHEDULE.

ORDINARY royalty shall be paid by the purchasers of timber in forests according to the following classification: —

At per 100 sup. ft.
s. d.
Class I.—
Totara, matai, puriri, maire-raunui, silver-pine, and pohutukawa, not less than .. .. 2 0
Class II.—
Kauri, not less than .. .. .. 1 0
Class III.—
Totara and matai less than 25 ft. in length, rata, tangeao, tooth- and entire-leaved beeches, manuka (tea-tree), mancao, tanekaha, kawaka, kaikawaka, not less than .. .. .. 1 0