2236
THE NEW ZEALAND GAZETTE.
No. 100

visions of the next following clause, respecting valuation of improvements; but
such forfeiture shall not affect any right or remedy on the part of His Majesty
to recover from the lessee any money due to His Majesty, or release the lessee
from any penalty or liability in respect to anything done or omitted to be
done by him.

27. The lessee shall not open up any mine on the land comprised in his
    lease without the previous permission of the Commissioner in writing.

28. The full and free right to enter on the land comprised in the lease and
    search for and take and remove gravel or stone for making or maintaining roads
    is reserved to His Majesty: Provided that the lessee shall be entitled to com-
    pensation for any surface-damage caused thereby, but to no other compensation
    or remedy whatsoever.

29. The lessee shall not cut down or remove any of the trees growing on
    the land demised without the consent of the Commissioner in writing first
    obtained.

30. In the event of the forfeiture or surrender of the lease, the provisions of
    “ The Land Act, 1892,” respecting valuation of improvements and the payment
    or other disposal thereof shall, so far as the same are applicable, apply to the
    improvements made by the lessee.

31. For the purpose of distinguishing the improvements existing on the
    land at the date of the lease from those subsequently made by the lessee, the
    first-mentioned improvements and their value shall be fixed by the Land Board,
    and be specified in the lease: Provided that to the extent to which the lessee
    pays the aforesaid instalments in respect of the value of buildings, to the same
    extent shall such buildings be deemed to be improvements made by him.

32. The right is reserved to the Crown or to its delegated authority to take
    water-races, and to lay water-pipes over any lands disposed of, without com-
    pensation; the rentals of the sections to be reduced in proportion to the area
    taken when any such right has been exercised.

33. In any case where the channel of any creek, or natural or artificial
    water-race or watercourse, runs on more sections than one, then each lessee on
    whose land any part of such channel runs shall have the right to the reasonable
    use and enjoyment of a reasonable proportion of the water that would flow in
    such channel if it were not stopped or diverted by any other lessee; and, for the
    purpose of securing such right as between the respective lessees, it is here
    declared that no lessee on whose land any portion of such channel runs shall at
    any time alter such portion, or stop or divert the water flowing therein, save to
    such extent as the Commissioner deems reasonable, and the decision of the
    Commissioner shall be final and conclusive.

34. The lease shall be in the form or to the effect set forth in the Third
    Schedule hereto, and may contain such additional provisions, not inconsistent
    with “ The Land for Settlements Consolidation Act, 1900,” or these regulations,
    as, with the approval of the Minister, the Land Board thinks fit.

35. Subject to the provisions of “ The Land for Settlements Consolidation
    Act, 1900,” and “ The Land for Settlements Amendment Act, 1901,” and the
    foregoing regulations, the provisions of “ The Land Act, 1892,” and the regula-
    tions thereunder with respect to applications for and the grant of leases in per-
    petuity, the stipulations and conditions subject to which such leases may be
    granted, the rights and powers of the lessor and of every person or authority
    in his behalf, the rights, powers, and functions of the Land Board and the
    Commissioner in relation to the land and premises comprised in such leases,
    and the estate, interest, rights, duties, and liabilities of the lessees, shall, so far
    as the same are applicable, apply to leases in perpetuity granted under these
    regulations.

AS TO PASTORAL LANDS.

36. In every case where pastoral lands acquired under “ The Land for Settle-
    ments Consolidation Act, 1900,” are to be disposed of under the small-grazing-
    run system, as prescribed by section 48 of the said Act, the same shall be dis-
    posed of by the Land Board of the land district in the manner and on the terms
    and conditions hereinafter appearing.

37. Every lease shall be for the term of twenty-one years, to be reckoned
    from the 1st day of March following the date of the lease, and shall, in addi-
    tion, include the broken period between the date of the lease and such day.

38. The lessee, duly fulfilling on his part all the covenants, stipulations,
    and conditions of the lease, shall, at the expiration of the term thereof by
    effluxion of time, have the option of a renewal thereof for a further term of
    twenty-one years, computed from the date of the expiration of the original term,
    at a yearly rental equal to 5 per cent. on the then capital value of the land,
    computed in manner prescribed by “ The Land for Settlements Consolidation
    Act, 1900,” being, however, in no case less than the original rental; and for the
    purposes of this clause the provisions of “ The Land Act, 1892,” relating to
    renewals of leases of small grazing-runs shall, mutatis mutandis, apply so far
    as the same are applicable.

39. The land shall be divided into allotments or runs not exceeding 5,000
    acres each, or such greater area (not exceeding the maximum area prescribed by
    “ The Land Act, 1892 ”) as in special circumstances the Minister directs; and
    no lease shall comprise more than one allotment.

40. (1.) The yearly rent in respect of each allotment shall be an amount
    equal to 5 per cent. on the capital value of the land (exclusive of the buildings
    thereon), computed in manner prescribed by “ The Land for Settlements Con-
    solidation Act, 1900,” and shall be payable in equal parts half-yearly in advance
    to the Receiver of Land Revenue, on the 1st day of March and the 1st day of
    September in each year, the first half-year’s rent being due on the 1st day of
    March or September first following the date of the lease, and being payable out
    of the prescribed deposit.

(2.) The lease shall be dated as on the date whereon the Land Board de-
clares that the applicant has succeeded in obtaining the allotment.

41. Every application shall be in the form or to the effect set forth in the
    Fourth Schedule hereto, and every applicant shall make the declaration therein
    set forth or to that effect.