✨ Text of legislation
Feb. 18.] THE NEW ZEALAND GAZETTE. 639
(5.) If the licensee fails or neglects to resume and continue the bona fide working of the mill in terms of such notice, the Warden may forfeit the license.
(6.) The Warden may require the licensee to use a brand for marking his timber, and to register the same (without fee) in the Warden’s Court in a book to be kept for the purpose by the Clerk of the Court.
(7.) In no case shall any two registered brands be the same or so like one another as to be calculated to deceive.
(8.) The Minister, or any local authority, may at any time, without compensation, make roads or tracks through the land comprised in the license, or in any reserved area, and for such purpose cut and use any timber thereon.
(9.) The licensee shall be entitled to occupy, for his sawmilling purposes, so much of the surface of the land comprised in the license as is reasonably required for his sawmill and sawmilling works.
(10.) The licensee shall at all times keep full and accurate accounts of all timber cut by him under his license, and permit the accounts to be inspected at any time by any Inspector, and shall also furnish to the Receiver monthly returns showing particulars of all timber cut during the preceding month, together with such other details as the Receiver or the Inspector requires.
(11.) Subject to the specific provisions of regulations relating to timber-cutting rights, the provisions of the Mining Act and the regulations thereunder relating to the grant, registration, transfer, protection, inspection, surrender, forfeiture, and abandonment of mining privileges, and the terms, conditions, reservations, and provisions subject to which mining privileges may be granted and shall be deemed to be held, shall apply to sawmill licenses:
Provided that at any time within three months after surrender, forfeiture, or abandonment, the licensee shall be entitled to remove all buildings and plant belonging to him on the land.
(12.) Whenever the licensee of a sawmill area obtains a license for a reserved area, the first-mentioned license shall be surrendered and cancelled:
Provided that the Warden shall grant him, without fee, the right to use for the purpose of working such reserved area the sites (if any) of any mill, building, or tramway belonging to him on the first-mentioned area.
- When making his application for the license, or at any time thereafter during the currency of the license, the applicant or licensee may, by application in the form numbered 67 in the First Schedule hereto, apply to have reserved for him not more than three additional areas not exceeding 200 acres each, which shall be so situated with respect to each other and to the area in the application or license that the four shall form one area within continuous boundary-lines, and such boundary-lines shall be deemed to be continuous, notwithstanding that the area may be intersected by road or railway-lines. And the Warden may, by certificate under his hand, in the form numbered 68 in the First Schedule hereto, reserve the same accordingly upon being satisfied that the sawmill plant referred to in subclause (1) of the next-preceding clause of these regulations has or will be duly provided and fitted up as therein required, and that in the case of any existing license all its conditions have been duly complied with to date; and with respect to such application and certificate the following provisions shall apply:—
(1.) Subclauses (1) and (2) of clause 108 of these regulations shall apply.
(2.) The certificate shall continue in force for one year, but may be renewed from year to year so long as the license continues in force, and shall ipso facto cease and determine with the license.
(3.) The certificate, and each annual renewal thereof, shall be registered.
(4.) The renewal may be effected in the same manner, mutatis mutandis, as in the case of a tunnel prospecting license, and for that purpose clause 11 of these regulations, with all necessary modifications, shall apply.
(5.) There shall be payable in respect of the certificate, and of each annual renewal thereof, an acreage-rent at the rate of 1s. per acre, and such rent shall be payable by two equal half-yearly instalments in advance.
(6.) The certificate shall not be transferable apart from the license.
(7.) The certificate shall not confer any right to occupy the land or cut timber or otherwise use the same, but at any time during its currency the licensee may exchange his existing license for a new sawmill license for any continuous area (not exceeding 200 acres) out of the land comprised in the certificate.
(8.) Such new license shall specify the certificate out of which the land comprised in the new license is taken.
(9.) The Warden, when granting the new license, shall, by memorandum, under his hand on the certificate, cancel the certificate as to the land comprised in the new license, and thereafter the certificate shall be deemed to relate only to the residue of the land, and the acreage-rent under the certificate shall abate accordingly.
(10.) Such memorandum shall be registered.
(11.) Upon the grant of the new license all references herein contained to the former license shall apply to the new license in lieu of to the former license.
(12.) As against his liability for acreage-rent under the new license, the licensee shall be credited with the sums paid by him for acreage-rent under the former license or under the certificate, for any period subsequent to the commencement of the term of the new license:
Provided that, in the case of acreage-rent paid as aforesaid under the certificate, the sum to be credited as aforesaid shall be the acreage-rent so paid in respect of the area comprised in the new license, being the area as to which the certificate has been cancelled.
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Sawmill Licenses for Holders of Miner’s Right
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🌾 Primary Industries & ResourcesSawmill license, Miner’s right, Warden, Timber cutting, Kauri trees, Reserved trees, License application, Land survey, Acreage rent, Royalty, Sawmill plant, Tramway
NZ Gazette 1907, No 16