640
THE NEW ZEALAND GAZETTE.
[No. 16

Hand-sawing and Timber-splitting Warrants.

111. On application in that behalf, filed in the office of the Registrar, the Warden may grant to any person, being the holder of a miner’s right, a warrant entitling him during its currency to cut timber (other than kauri-trees or trees reserved by the Warden) growing or standing on the land comprised in the warrant, and to sell or otherwise dispose of the same for any purpose:

Provided that he shall not be entitled to cut timber for sawmilling purposes except for his own use, and with the consent of the Warden.

112. With respect to such application and warrant the provisions of subclauses (1) and (2) of clause 108 and subclauses (6), (9), and (11) of clause 109 of these regulations, mutatis mutandis, and also the provisions following, shall apply:—

(1.) The application may be in the form numbered 69, and the warrant in the form numbered 70, in the First Schedule hereto.

(2.) The area of the land shall not exceed 20 acres.

(3.) The term of the warrant shall be either six months or twelve months, and there shall be payable therefor, in advance, in the former case a fee of £3, and in the latter case a fee of £5.

(4.) The warrant-holder shall pay the same royalty on railway-sleepers as in the case of a sawmill license, and the provisions of subclause (10) of clause 109 of these regulations (limited, however, to timber cut for sleepers) shall accordingly apply.

(5.) The warrant-holder shall be entitled to construct sawpits and huts on the land, on sites approved by the Warden.

Kauri-trees and Trees reserved.

113. The Warden may from time to time, by order under his hand, reserve trees from being cut: Provided that, except in the case of trees reserved prior to the issue of a license or warrant, no tree on the land comprised therein shall be reserved during the currency of the license or warrant.

114. On application in that behalf filed in the office of the Registrar, the Warden may, by order under his hand, authorise any person being the holder of a miner’s right to cut for any purpose any kauri-tree or reserved tree; and with respect to such application and order the following provisions shall apply:—

(1.) The application shall specify the number, situation, and estimated measurement of the trees applied for.

(2.) There shall be payable in advance in respect of the trees for which the order is granted such sum as is agreed on, being in no case less than £1 5s. for each tree, nor less than 6d. per hundred feet superficial measurement of the trees before cutting.

Limitation as to Timber-cutting Rights.

115. The rights by these regulations hereinbefore conferred in respect of timber shall not be exercisable, nor shall any license, certificate, warrant, or order thereunder be granted, in respect of lands set apart as forest lands under “The New Zealand State Forests Act, 1885.”

116. Every license, certificate, warrant, or order in respect of timber granted under the foregoing regulations or under section 227 of “The Land Act, 1892,” shall be deemed to be granted and shall be held subject to the exercise by the holder of a miner’s right or mining privilege of the rights conferred upon him by clauses 105 and 106 hereof, and subject also to the power of the Warden to grant mining privileges in respect of the land to which such license, certificate, warrant, or order relates:

Provided that the Warden, when granting such mining privilege, may impose such reasonable conditions as, whilst not unduly hampering the holder of such privilege in the exercise of his rights, will afford reasonable facilities for the carrying-on of the timber industry.

117. In every case where, under section 147 of the mining Act, areas within the Counties of Buller, Inangahua, Grey, or Westland may hereafter be set aside by the Governor as areas within which timber licenses and other timber-cutting rights may be granted under section 227 of “The Land Act, 1892,” exclusively, the following special provisions shall apply:—

(1.) Applications for timber licenses and other timber-cutting rights within the aforesaid areas may be made to and dealt with by the Warden as fully and effectively as if those areas had been set aside as areas within which timber licenses and other timber-cutting rights might be granted by the Warden exclusively:

Provided that in acting under this regulation the Warden shall be deemed to act on behalf of the Land Board, and shall so state on every license or other instrument issued by him hereunder.

(2.) All fees and royalties received in respect of timber licenses and other timber-cutting rights under this regulation shall be deemed to be territorial revenue, and shall accordingly be paid by the Receiver into the Public Accounts as part of the Consolidated Fund.

(3.) The Land Board shall not itself grant any timber licenses or other timber-cutting rights within the aforesaid areas.

General.

118. Subject to the foregoing provisions of clauses 115, 116, and 117 of these regulations, the power hereinbefore conferred upon the Warden to grant licenses, certificates, warrants, or orders for timber-cutting may be exercised by him in respect of land comprised in any mining privilege.

FEES IN RESPECT OF MINING PRIVILEGES AND TIMBER-CUTTING RIGHTS.

119. Subject to the specific provisions of the Mining Act and these regulations relating to specific fees, the fees specified in the Fifth Schedule hereto shall be payable in respect of the matters therein mentioned.

WARDEN’S COURT.

Office Hours.

120. (1.) The office of the Court shall be open to the public every day from 10 a.m. to 1 p.m., and from 2 p.m. to 4 p.m., except on Saturdays, Sundays, and holidays. On Saturdays the office shall be open to the public from 10 a.m. to 12 noon and on Sundays and holidays the office shall be closed:

Provided that when the clerk has to attend more offices than one he shall keep his office open on such days and hours as the Warden from time to time appoints.