✨ Timber Regulations
141
such be removed before being branded by the Inspector of Forests.
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Every holder of a licence to cut timber must exhibit such licence to the officer appointed in that behalf whenever he may be called on to do so, or to any constable in the district; and on his refusal will be considered as unlicensed, and prosecuted accordingly.
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The Commissioner of Crown Lands may cause to be seized all timber cut on Crown lands, wherever found, which he may have cause to believe has been cut by an unlicensed person; but in case a right to such timber shall be asserted within fourteen days after the notice hereafter mentioned, and shall be established to the satisfaction of the Waste Lands Board, it shall be restored to the claimant.
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All timber, when seized, shall be marked with the broad arrow, and after due notice of the seizure thereof in writing to be posted up in the Land Office or at the Police Station in the district where such seizure was made, shall, in case no claimant shall appear and establish his claim within fourteen days therefrom, be sold in such manner and subject to such conditions as the Waste Lands Board may direct.
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All timber cut under a yearly or half-yearly licence must be removed within six weeks after the expiration of the licence, and that cut under firewood, fencing or special licence within three months after date of licence, otherwise it may be declared forfeited, seized, and sold on behalf of the Crown.
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The proceeds of the sale of timber so seized are to be accounted for and paid over to the Receiver of Land Revenue.
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If any person duly licensed shall have established a saw-pit for the purpose of sawing timber no other person shall cut timber within one hundred yards of such pit without consent of the person first occupying such saw-pit: Provided that if the person establishing such pit shall not use the same, and shall not cut timber within such distance as aforesaid from the pit for twenty-eight consecutive days, it shall be lawful for any other holder of a licence to enter thereupon, and to cut timber as though such pit had not been established; or if such person shall only cut timber to such extent within the twenty-eight days as would appear to the Board to be done merely for the purpose of excluding others, and not utilising the forest, the Board may in such case cancel the licence.
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If any licence holder shall, for the purpose of removing timber, have made a tramway or road upon land being Waste Lands of the Crown, and not being a highway, it shall not be lawful for any other person to use the same without permission of the person making the same first obtained: Provided that if such road shall not be used at any time for ninety consecutive days for removing timber, it shall be lawful for the Waste Lands Board to determine that the constructor of the tramway has forfeited his right to the same: Provided also that, as regards tramways, the Board reserves to itself the power of deciding on the merits of each case as it arises.
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Licences cannot be transferred without the consent of the Board first obtained, transfer fees being ten shillings.
Saw Mills
Exclusive right to cut timber on Waste Lands of the Crown may be granted for saw mills on the following conditions:
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Every application for such exclusive right shall be made by the applicant at the Land Office, Invercargill, in a form to be prescribed by the Board, and be accompanied with a sketch as near as may be of the land required; and the Board may either grant or refuse the licence, or any part thereof, or put the licence of the land up to public auction at an upset price, to be fixed by the Waste Lands Board as a bonus in addition to the licence fee.
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The area within which exclusive right to cut timber shall be granted for the erection of any sawmill shall (except as hereinafter mentioned) be estimated at ten acres for each horse power of the engine, with a reserve for four year’s cutting inclusive of the first year, in similar proportion to the first year’s grant; and as regards shape shall be a rectangular block of a depth of not less than double the breadth, the Board reserving to itself the power of determining the frontage and the extent of area to be granted, such being regulated by the size, position, &c., of the bush. Any licensee found cutting outside the boundary of his licence shall be liable to a penalty of £20 and forfeiture of his licence. It shall be lawful for the Board to grant firewood or fencing licences within such area, such licences to authorise the cutting and removing the remainder of the felled timber abandoned by the sawmiller, or timber unsuitable for sawmill purposes, but not to cut down any standing trees suitable for the sawmill; firewood or fencing licences not to interfere with the operations of the sawmiller. Sawmiller may cut firewood and fencing on their applications, at the rates named in Sections 6 and 7, entering the same in their monthly returns.
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Within fourteen days the Waste Lands Board shall determine whether such application shall be granted, and the applicant shall forthwith deposit with the Treasurer of the Waste Lands Board the amount of survey fees, and a deposit in cash or properly marked banker’s cheque on the following scale:
| Horse Power | Deposit |
|---|---|
| 10 to 12 | £50 |
| 13 to 15 | £75 |
| 16 to 20 | £100 |
| Above 20 | £200 |
such deposit to be forfeited if the mill is not erected within six months from the date of granting the application; deposits to be returned on certificate of the Inspector of Forests that the necessary plant is on the ground within the stipulated time, when the applicant will get his license, from which date the licensee’s four years will commence.
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As soon as practicable after the payment of such deposit the Chief Surveyor shall cause the application to be surveyed, and its boundary lines cut, the survey to be conducted in every respect in accordance with Survey Regulations in force at the time.
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The fee chargeable under every such license shall be at the rate of threepence (3d) for every hundred superficial feet cut during the currency of the license, and shall be paid monthly. Provided that if any rent due remain unpaid for more than six days the license shall be deemed to be cancelled, and the bush open for application, without any notice being given to the licensee. A sawmill licensee not to be at liberty to cut timber for any other than sawmill purposes previous to his erecting the necessary sawmill machinery.
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A fee of five pounds shall be paid to the Receiver of Land Revenue on the transfer of such license.
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Every such license shall be drawn so as to terminate on the 31st day of December in each year, and may be renewed from year to year, but subject to such alterations in the Regulations as may be found necessary for the better management and utilization of the forests. Provided that before the issue of any renewed license the licensee shall produce a certificate from the Inspector of Forests, or other person duly appointed by the Waste Lands Board on that behalf:
(1.) That the bush has been cut fairly, and
(2.) That all available for sawmill purposes has been used.
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✨ LLM interpretation of page content
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Timber Regulations for Southland, Otago
(continued from previous page)
🌾 Primary Industries & Resources3 February 1876
Timber Regulations, Southland, Otago, Waste Lands Board
Otago Provincial Gazette 1876, No 1010