970

THE NEW ZEALAND GAZETTE.

No. 29

and the north generally by the Wanganui River bank reserve, towards the south-east by Section No. 14 of said village, and towards the south generally by public roads; as the same is delineated on the plan marked L. & S. 58307/1, deposited in the Head Office, Department of Lands, at Wellington, and thereon bordered red.

As witness the hand of His Excellency the Governor, this second day of April, one thousand nine hundred and nine.

J. G. WARD,

Minister of Lands.

Wood-pulp Regulations under "The Land Act, 1908."

PLUNKET, Governor.

IN pursuance and exercise of the powers conferred by section one hundred and forty-one of "The Land Act, 1908" (hereinafter referred to as "the said Act"), I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, do hereby revoke the regulations dated the fourteenth day of May, one thousand nine hundred and eight, under section seventy-two of "The Land Laws Amendment Act, 1907," and do hereby declare that the following shall be the terms and conditions under which land set apart in aid of the establishment of the wood-pulp industry for paper-making may be leased and occupied, and declare that such revocation and the regulations hereby made shall come into force on the day of the publication thereof in the New Zealand Gazette:—

REGULATIONS.

1. In these regulations, unless inconsistent with the context,—

“Board” means the Land Board of the land district in which is situated the land set apart and leased under section 141 of the said Act:

“Commissioner” means the Commissioner of Crown Lands for such land district:

“Warden” means the Warden of the mining district in which is situated the land set apart under section 141 of the said Act.

2. The total area selected by the applicant shall be subdivided by the Board, at the expense of the lessee, into blocks, not exceeding 1,000 acres each, and the lessee shall have the right to select the particular block he desires to utilise first, the remaining blocks being retained as reserves for future utilisation; but no person shall be granted a lease or leases over more than 30,000 acres of such land in the aggregate, including in such computation all reserved areas.

3. On compliance with the necessary conditions the lessee shall be entitled to a lease of the block he desires to utilise.

4. Every such lease shall be in the form or to the effect set forth in Form No. 1 in the Schedule to these regulations.

5. No lease shall be for a period exceeding twenty-one years, nor shall any lease contain a right of renewal.

6. The lessee shall have no right to cut on any of the reserved blocks until he shall have systematically cut out and used to the satisfaction of the Board all timber on the area first selected.

7. All such blocks that have been cut out and used by the lessee to the satisfaction of the Board shall become reserves for future utilisation under these regulations so soon as the lessee is permitted by the Board to occupy and use any reserved block in lieu thereof for immediate utilisation, and has been granted a lease of such reserved block.

8. Not more than one block in any area leased under these regulations shall be used or occupied by the same person or company at the same time for the purpose of cutting or utilising any of the timber thereon, and all timber on each block shall be systematically cut out and used to the satisfaction of the Board before any timber is cut or utilised on another block.

9. Water-rights may, however, be granted at the same time over more than one block in any area so leased to the same person or company.

10. It shall be at the discretion of the Commissioner whether any of the subdivisions or blocks in any area leased under section 141 of the said Act shall or shall not be surveyed, and the manner in which such subdivision shall be defined.

11. The lessee shall have the right to cut timber for the making of wood-pulp only, or for the erection of buildings, fences, water-races, &c., necessary for the proper working and utilisation of the wood-pulp industry, and for domestic purposes, but shall have no right to cut or remove for any other purpose, or to sell, any timber except in the form of wood-pulp.

12. The lessee shall, within one year from the date of his lease, commence the erection of the machinery required in connection with the establishment and working of the wood-pulp industry, and failure to do so shall entail forfeiture of his lease.

13. The lessee shall complete the erection of the mill within such time as the Commissioner thinks reasonable.

14. Rent shall be payable by the lessee to the Commissioner half-yearly in advance on the 1st days of January and July in each and every year during the term of the lease, and so often as the royalty payable exceeds the rent, such rent for the period during which the wood-pulp was manufactured shall be remitted and shall be credited as part-payment of royalty for such period; provided that any rent may be remitted by the Governor on the recommendation of the Board for the whole or any period of the time that may elapse before the lessee shall have manufactured 20 tons of wood-pulp.

15. Royalty shall be payable by the lessee at the rate of £1 per ton on wood-pulp manufactured, provided that the Governor may, on the recommendation of the Board, remit the royalty on the first 20 tons of wood-pulp manufactured. Such royalty shall be payable at the same time as the rent.

16. The lessee shall, on the 1st days of January and July in each and every year, forward to the Commissioner a statement showing the total amount of timber cut and wood-pulp manufactured during the preceding six months, accompanied by a declaration made and signed before a Justice of the Peace certifying to the correctness of such statement.

17. The property leased shall at all reasonable times be open to inspection by any person duly authorised or appointed by the Commissioner; and the lessee shall give to the person making such inspection all such information and assistance as may be required to enable a full report to be given to the Commissioner or Board, as the case may be.

18. The lessee shall keep a book or books in which he shall record each day the number of cords of timber cut and the amount of wood-pulp manufactured, and such book or books shall at all times be available for inspection by the Commissioner or officer appointed by him.

19. If the lessee fails to keep the plant working continuously, or to work and use the timber on the land leased by him in a manner satisfactory to the Board, the Governor may, on the recommendation of the Board, cancel the lease after not less than three months’ notice to the lessee of the intention to do so.

20. On application to the Warden (if the land is situated within a mining district) or to the Commissioner (if the land is outside a mining district) the lessee may be granted the right to utilise the water-power of any stream within the total area leased, with or without payment of rent therefor, for any term not exceeding the unexpired balance of the term of his lease.

21. The lessee shall not have any right to depasture stock on any part of the area leased, except with the written permission of the Board, and for purposes in connection with the manufacture of wood-pulp, nor shall he have any right to minerals found on such area, nor to the use of the surface soil.

22. The lessee shall prevent by all means in his power the destruction or burning of timber on the land leased or reserved by him, and shall be liable for any damage done through the negligence of himself or his servants.

23. Free access to the public shall be reserved over such portion of the area leased as is not occupied by the buildings or plant erected by the lessee.

24. On the recommendation of the Board the Governor may resume from the area subdivided any land, not being a portion of the subdivision then in use by the lessee, as may be required for settlement or for any public purpose, and no compensation shall be payable by reason of such resumption.

25. If payment of rent or royalty is not made within thirty days of its becoming due, the Board shall have power to forfeit the lease without payment of compensation to the lessee therefor.

26. The Board shall have power to make such additional conditions, as it thinks fit, to be included in any lease issued under the said section 141 and these regulations so long as they are not inconsistent therewith.

27. No lease shall be granted under these regulations unless with the consent of the Minister first obtained.

28. The holders of miners’ rights shall have the right to prospect over the area leased under these regulations, and the Warden may grant mining privileges over such portion of the area as is not occupied by the lessee’s machinery or buildings, and thereupon the lease shall be cancelled in respect to the area so granted.

29. All the provisions of “The Land Act, 1908,” shall, as far as applicable, be observed by the lessee and be deemed to apply to any lease issued under these regulations, except the provisions regarding limit of area, statutory declaration, residence, and improvements.