obstacle renders a deviation from the rectangular form necessary.

Date to be fixed for hearing.

7. Upon receipt of an application, the Warden shall appoint a day for the hearing thereof, being not less than fourteen (14) nor more than thirty (30) days from the date of the receipt of such application.

Applications to be recorded.

8. The Warden shall cause every such application to be duly recorded in the “Leases Record Book” of his office, and a copy of the application shall be forwarded to such person as the Superintendent may from time to time direct.

Hearing.

9. Upon the day appointed as aforesaid for the hearing, the Warden shall proceed to hear the application; but such hearing may be adjourned from time to time, if any sufficient or reasonable cause shall be assigned, or known to the Warden.

Objections.

10. Objections to the granting of any application may be made, either in writing prior to, or verbally upon the day of the hearing thereof; but every such objection must be sustained at such hearing by the objector in person.

Costs and expenses.

11. Upon the hearing of an application where to any objection shall have been made as aforesaid, the Warden may award to either party reasonable costs and expenses.

Surveyor to report.

12. Before or at such hearing, the Surveyor or Draughtsman of the district shall furnish to the Warden a report, setting forth the probably auriferous nature, or otherwise, of the land applied for; the prior existence, or otherwise, of any claim or claims thereupon; and the desirability, or otherwise, of reserving the whole or any portion of such land for roads, water-races, or other public or necessary purposes; and such Surveyor or Draughtsman shall, also, (if so instructed by the Warden) attend at the hearing to render such other information as may be required.

Warden to report.

13. Immediately after the hearing the Warden shall forward the application, together with the Surveyor’s or Draughtsman’s report, and all other documents relating to the application, to such person as the Superintendent may from time to time direct. And therewith the Warden shall report whether any objection has been made, or is otherwise known to him, why such application should not be granted, and shall set forth the nature of any such objection; and also whether the applicant is the holder of any other land under the Agricultural Leases Regulations; and, if so, specifying the extent and area of any such former holding. And such report shall include the Warden’s recommendation as to the granting or refusal of the application.

Protection during application.

14. All applications for Agricultural Leases will be reserved for the final decision of the Executive Government of the Province; and land for which application shall have been made in the manner aforesaid shall be “protected” from the date of such application until such decision shall have been made known to the Warden.

Term of Lease.

15. Leases will be granted upon such applications as may be approved by the Executive Government for a period of not exceeding seven (7) years, from the First day of January, or the First day of July next ensuing the date of the certificate hereinafter mentioned.

Area.

16. Agricultural Leases cannot, in any case, be granted for any larger area than fifty (50) acres; and applications for any larger area shall not be received by the Warden.

Certificates.

17. After the approval of any application, and pending the issue of a lease, a certificate in the form in the third Schedule hereto will be issued to the applicant by such person as the Superintendent may from time to time direct, and such certificate will bear date from the first day of the month wherein the application shall have been granted.

Failure to take up Certificate.

18. If any applicant fails or neglects to take up his certificate within thirty days after service of notice from the Warden that such certificate is ready for issue, such certificate may be forthwith cancelled, and upon such cancellation the deposit paid upon the application will be forfeited.

Certificates to be exchanged for Leases.

19. The holder of such certificate shall exchange the same for a lease whenever it is notified to him that such lease is ready for execution; and if the holder of such certificate shall neglect for the space of thirty (30) days from the time of such notification to execute such lease and a counterpart thereof, the said certificate shall become void, and shall no longer entitle the holder thereof to possession of the land therein mentioned; and, after the expiration of such thirty (30) days, the holder of such certificate shall, if he remain in possession of such land, be deemed a trespasser on Waste Lands of the Crown, and may be proceeded against accordingly.

Unsurveyed Land.

20. If application be made for any land which has not been previously surveyed, the Warden shall, immediately upon being notified that such application has been granted, direct a Surveyor to make a survey of such land, as nearly as possible in the form in which it has been applied for, but having regard to the sixth of these regulations.

Rent.

21. For twenty-five acres, or any lesser area, a charge of five pounds (£5) will be made for the first half-year, which shall cover all charges for the survey and preparation of the lease of the land. For any larger area the charge shall be four shillings (4s.) per acre for the first half-year, which shall also cover the charges aforesaid; and, after the first half-year, rent will be charged at the rate of two shillings and sixpence (2s. 6d.) per acre, per annum, payable half-yearly in advance. Every fractional part of an acre will be considered as an acre, and any fractional part of a month will be considered as a month, and will be respectively charged for accordingly. And the amount paid by way of deposit on any application shall, in the event of the approval of such application, be returned to the applicant on payment of the rent for the first half-year.

Arrears to be paid on execution of lease.

22. Upon the execution of every such lease the rent shall be computed, and paid, up to the first day of January or July next following the date to which payment has been made under the certificate; and, thenceforth, rent shall be payable half-yearly in advance, on the first day of January and the first day of July, in each year.

Refusal of applications.

23. In the event of the refusal to grant any application, the applicant shall be entitled to a refund of the amount of his deposit, on payment by him of any costs which the Warden may order to be paid by him, and of any reasonable charges that may have been specially incurred by reason of such application.

Exemptions.

24. Agricultural leases will not, except in special cases, be granted for land within the boundaries of proclaimed townships, or of public reserves, nor for any area including a permanent watercourse, or which may present auriferous indications; and in all cases a public roadway, not less than one chain in width, will be reserved along the margins of navigable streams and rivers.

Sale of interests prohibited.

25. The sale or transfer of any right, title, or interest to or in any application for an Agricultural Lease will not be permitted nor recognised, except under special circumstances, and then only upon the authority and with the express sanction of the Executive Government.