JULY 4.] THE NEW ZEALAND GAZETTE. 1999

REGULATIONS.

Interpretation: In these regulations, unless inconsistent with the context, the word “licensee” includes “his heirs and assigns,” and the word “Warden” means any Warden exercising jurisdiction within the district in which the Glenroy Block is situated.

1. Application may be made for any of the Crown lands within the area described in the First Schedule hereto.

2. Every application shall be in the form or to the effect set forth in the Second Schedule hereto, and every applicant shall make the declaration appended thereto or a declaration to that effect.

3. Each applicant shall at the time of his application pay to the Receiver of Land Revenue, Nelson, the first half-year’s rent, together with the license and registration fee, or make such payment immediately the application has been approved or declared successful at the ballot. Deposits made by unsuccessful applicants shall be returned by the Receiver of Land Revenue after the ballot.

4. All rents must be paid half-yearly in advance to the Receiver of Land Revenue, Nelson, on the 1st days of January and July in each and every year.

5. The area which may be applied for under these regulations shall not be less than 25 acres nor exceed 650 acres, and each license shall entitle the holder thereof to the exclusive right of pasturage over the lands specified therein, but shall give no right to the soil, or minerals, or timber, except as hereinafter expressly specified.

6. The Commissioner of Crown Lands for the Land District of Nelson may, with the approval of the Land Board of such land district (hereinafter referred to as “the Land Board”), grant not more than one pastoral license under these regulations to any person of the age of seventeen years and upwards who may apply for the same; but the Land Board may refuse any application, and their decision shall be final and without appeal.

7. The annual rent payable under the license shall be a sum to be fixed by the Land Board, but shall be not less than 3d. per acre.

8. The term of license shall be twenty-one years, and should the land for which the license has been issued not be required for mining purposes, on the licensee applying for the same at least twelve months before the expiration of his license, a new license for a further term of twenty-one years, to date from the expiration of his license, shall be offered to the licensee at a rental to be ascertained, as hereinafter specified, namely,—

   (a.) A valuation shall be made by an appraiser to be appointed by the Land Board of the then value of the fee-simple of the land then included in the license, and also a valuation of all substantial improvements of a permanent character made and then in existence on the said land.

   (b.) After the service of notice of the valuations made as aforesaid, which shall be effected by serving a copy of the same on the licensee and another copy on the Commissioner of Crown Lands for the Nelson Land District, but not later than twelve months before the expiry of the term for which the licensee then holds the land, the licensee shall elect, by notice in writing delivered to the said Commissioner, whether he will accept a fresh license of the said land for a further term of twenty-one years from the expiration of the then term at a rental equal to 4 per centum of the value of the fee-simple as fixed, less the value of the improvements, by the said valuation; such fresh license to be subject to conditions similar to the previous license, excepting as to the amount of rent payable thereunder.

In the event of an existing licensee not agreeing to the valuations made as aforesaid, then the rent to be paid shall be determined by arbitration, in manner provided by section 79 of “The Land Act, 1892.”

If the licensee shall elect not to accept a renewal as above mentioned, or shall refuse or neglect to execute a license within thirty days after the same is tendered to him for the purpose, then a license of the said land shall, not later than one month before the end of the term for which the existing license was granted, be offered for sale by public auction for a further term of twenty-one years, subject to the provisions of section 183 of “The Land Act, 1892.”

If such license shall not be disposed of as above mentioned to some person other than the licensee, or if such person fail to execute the license in duplicate within thirty days after being notified that such license is ready for execution, or to pay the half-year’s rent and the value of the improvements as aforesaid, then the licensee may again elect in manner aforesaid to accept a fresh license as aforesaid; and if he do not elect to accept the same, or refuse or neglect to execute such license for thirty days after re-tender of the license for execution, then he may continue as tenant of the said land from year to year, and shall pay the rent reserved by his expired license, and observe and perform the covenants and conditions contained in the same, or until the Board shall succeed in finding an applicant for the new license, unless prior to the finding of such applicant by the Board he shall elect to accept a new license for the said further period of twenty-one years as aforesaid.

No outgoing tenant shall have any right or claim against the Crown or the Board in respect of the value of any improvements made by him on the land in his occupation in case any incoming tenant shall fail to pay such value to the Receiver of Land Revenue, nor shall the outgoing tenant have any claim against the Crown or the Board, or any body or person whatever, by reason of a reduction of the valuation for improvements made by the Board and approved by the Minister of Lands.

9. Residence on the land selected under these regulations shall be compulsory, and shall commence within four years, and residence shall be continuous to the end of the term; but the conditions of such residence may be relaxed on the same terms as provided in sections 141, 142, and 143 of “The Land Act, 1892.”

10. Every licensee shall put on the land comprised in his license substantial improvements of a permanent character as under:—

    (a.) Within one year from the date of his license, to an amount equal to 5 per centum of the value of the land.

    (b.) Within two years from the date of his license, to an amount equal to another 7½ per centum of the value of the land.

    (c.) And thereafter, but within five years from the date of his license, to an amount equal to another 10 per centum of the value of the land.

And in addition thereto shall within ten years from the date of his license put substantial improvements of a permanent character to an amount equal to another 25 per centum of the value of every acre of the land comprised in his license.

11. Applications to transfer a license under these regulations shall be made to the Commissioner of Crown Lands, and shall be subject to the approval of the Land Board.

No transfer will be allowed within one year from date of license, nor until permanent improvements have been effected to the value of 12½ per centum of the value of the land held under the license.

12. Substantial improvements of a permanent character shall include reclamation from swamps, clearing of bush not being milling-timber (as in Regulation No. 15), scrub, gorse, broom, sweetbriar, grassing, cultivation, planting with trees and live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells, water-tanks, or constructing sheep-dips, making embankments or protective works of any kind, in any way improving the character or fertility of the soil, or the erection of any building at licensee’s option upon the protected area of 50 acres, as described in Regulation No. 19.

13. The licensee shall have the right to the use of the surface soil only of the demised land for the purpose set forth in his license.

14. The licensee shall have no right, either himself or through any other person, to fell, cut, sell, remove, or otherwise dispose of any milling-timber on the land included in his license, except for his domestic use, or for fencing or clearing for cultivation.

15. The Commissioner of Crown Lands, or any person appointed by him, shall decide what is milling-timber, and his decision shall be final.

16. The licensee shall, by virtue of his pastoral license, acquire no rights to mine for gold, silver, or any other metals or minerals whatever, without first obtaining the sanction of the Warden in the manner provided for by the mining laws.

17. The holders of miners’ rights shall have the right to prospect over the whole area held under pastoral license, and for that purpose to enter and camp thereon, and to use mining-timber and firewood growing thereon, so long as they are legitimately engaged in prospecting; but any prospecting carried on upon the cultivated area surrounding the dwelling of the licensee, as limited by Regulation No. 19 hereof, shall be subject to the provisions of sections 74 and 75 of “The Mining Act, 1905.”

18. The Warden shall have the right to grant any mining privilege or easement in and over the land comprised in a pastoral license, subject to the compensation for improvements as provided for in “The Mining Act, 1905.”

19. No previous consent shall be required from the licensee to enable the Warden to grant any application which may be lawfully made to him under any Mining Act or regulations for the time being in force in and over the lands comprised in a pastoral license unless the applicant