AGRICULTURAL LEASES REGULATIONS.

Dunstan Times, Issue 305, 28 February 1868, Page 3

AGRICULTURAL LEASES REGULATIONS.

Mode of Application. 1. Every application for an agricultural leasa of Crown Land within the Otneo G< ldfleld must be made in the form of the first schedule hereto, or to the like effect, to the Warden of the district wherein the land is situate, and copies of such application must be posted and maintained by the applicant for a period of fourteen days on boards standing not less than three feet above the surface of the ground, and crecte one at each corner of the land so applied for. Application to be Advertised. 2. A notice of such application, and of the date fixed for the bearins thereof, with full particulars of the land applied for, shall be advertised not. less than twice by and at the expense of the applicant, in such newspaper circulating in the district as the Warden shal direct, an! copus of such newspapers containing such notice shall be produce 1 to the Warden before he s all proceed to hear the application. Peposit to be Paid. 3. Before any such application shall be rccoivod by the Warden the applicant must pay to a receiver of gold revenue a ''epesit, the amount whereof shall be calculated as hereinafter se forth, and such receiver shall give a receipt therefor in the firm st-t forth in the second schedule hereto (beirg the form provided by the Treasury Regulations of the 12th of November, 1567), and such ! receipt must be produced to the Warden on making the application. Deposit—now calculated. 4. If application is made for twenty-five I acres, or any lesser area, the amount of the deposit shall bo £5. For any greater area j the deposit shall be calculated upon the entire acreage at the rate of -Is. per acre, and any fractional part of an acre will be reckoned as an acre Boundaries must be masked. 5. The boundaries of the land applied fo ■ must ba marked on theground by Intrenches and substantial posts standing not less than three feet above the surface at each corner I thereof. Aheas >irsr rr rectajjgciah. 6. Every area of land so applied for must be rectangular in form, unless a creek or river, or other natural obstacle renders a deviation from the rectangular form necessary. j Date to i-e Fixru rOF.HiAinsc. 7. Upon receipt of an application, the Warden shall appoint a day for the hearing : thereof, being not lees than fourteen nor , more than thirty days from the date of the receipt of such application. Applications to be Recouped. j 8. The Warden shall cause every such | application to bo duly reci rdr d in the | "Leases Record Bock" of his office, and a copy of the application shall bo foiwar cd to such person as the Superintendent may from time to time direct. Heakino. 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 suf- | fieient or reasonable cause be assigned or known to the Warden. Objf.ii lONS. 10. Objections to the granting of anv application may be made, cither in writing prior to, or verbally upen the day of the hearing thereof: but e\ cry such objection must be sustained at tueh hearing by the objector in person. Costs and Expenses. 11. Upon the hearing of an application whereto any objection shall have been made as aforesaid, the Warden may award to either party costs and expenses. Surveyob to Report. 12. Before or at such hearing the Surveyor or Draughtsman of ihe 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 < r otherwise of reserving the whole or any portion of such land for roads, water-races, or other public cr i ecesrsry ni] < u s ; aid such surveyor or draughtsman shal! also if so instructed by the War en) attend at the hearing, to render such other ii.formation 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 ahall report; whether any objection has been made or is otherwise known to him vhy such application should not be granted, and shall set forth the nature of ;ny such objection ; and -fleo whether applicant is holder of any

. other land u n( lor the Agricultural Leases . RerulaHojM, and, if so, snpcifyirg the ex- ■ tent and area of anv snch for-ner holdln". ; And snch renort shall include the Warden's refommpndatinTi •>* to the granting or re- ! fusal of thi annlieation. 1 j Protection- pttrts-o Appltoatov. I] 14. AllapnhVaHonifor»m.?enltnral I«.»bps W T II V rococo,] for th- finnl rW?«! 0n of t>,„ j T , vn-11*ifpri<M-o r —4- ,-f fl, n T)_„,.;„ n(> land for wVol, application <-V" V*i-o W,., tn»de ii the rrrnipr afni-ns'nid *Voli h P "nro+PP'W from tbo • , n. t p of -"ob am>lfca. Hon n „+n suoh rleeWnn shall have been made known to +he Wnrden. Tfpm of Leapi, IS. T pioo". w'W 'i». "rantorl nnor, onoh ar>. wi'Va+iotis asmsi'V,p!,,TiT>fovo(l V>v+bo RxppuHvn Government for a "prio - of r>ot o-rpood-i-rr snv"Ti v Wr ». from thn <Vst day of .January or +be fj r ,* 4 vr J u ]y nest after th „ date of the certificate. Area. ]fi. A,-».;„„H 11r ,i Vi«p«ieaino*in anyenre ho ~~,,,+(vi for ai" lirtpr arp* than fifty eo-es. mil iini;» n t;™, f„ r nm , larper area shall not he reop'Ved hv the Warden. OunTiFirATsi. 17. &f* nr +!,„ a p„^ vft i n f mv tior.. r l n „„.1,-„, tl,„ ,•„,,„ of a lpaso e ,-t;r)„ a f e „.;ii i,„ ;~ = ,,„,i f., m,„ a „ r>l ; nnnt Ilv s-iM, ns tlio Rirnorint-prrlent p,,. from time+o Hti di-oet, *M snch eer'ifi. cM» will War -Into from the fl-st rlav of the month wherein the application shall have been "ranted. Failure to take up Certificate. 18. If anv applicant fails or neplects to take up his" certi«cate within thirty days after service of notice from Warden that such certificate is ready for issue, snch certificate may he forthv ith cancelled, and, uion such cancellation, the deposit paid unon the application wil' be forfeited. Certificates to be Exchanged for 1 eases. 10. The hoi'er of such certificate shall exchange the same for a lea*o whenever it is notified to him that such lease is rea'y for execution; and if the holder of such certilicat shall neglect, for the space of thirty 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 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 land which : has not been previously surveyed, the Warden shall, immediately up n being notified 1 that such application has been granted, direct a surveyor to make a survey of such laud, as nearly as possible in the form in which it has been applied for, lut having regard to the sixth of these regulations. Rent. : 21. For twenty-five acres, or any lesser area, a oh.irgo of £3 will be nnde for thr lir.it half-year, which shall coverall charges for the survey and preparation of the lease of the laud. For any larger area the charge shall be 4s. per acre for the first half-year. j which shall alio cover thachirgaa aforesaid; I an I, after ihe first halt-year, rent will be ! charged at the rate of 2s. (id. ptr acre per j annum, payable half-yearly in advance. ! Every fractional part of au 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 ueposit on any application sahll, in the event of the approval of tuch applica. tion, be returned to the applicant on paymeat of the ron; for the firit half-year. Alt EARS TO BE i'.UD OX EXECUTION OF LiUfE. 22. Upon the execution of every such lease the rent shall be computed and pai up to the first day of January or July next following to thj date to which payment has been made under the certificate ; and thenceforth rent shall be payable halfyearly in advance, on the first day of January and the first day of July n each year. Refusal of Applications. 23. In the event of the refusal to grant any application the a plicant will be entitled to a refund of the 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 hav 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 townshi] s, cr of public reserves, nor for any area including a permanent water-course cr which may present auriferous indications ; and in all ca-es a public roadway, not less than one chain in width, will lie 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 agr cultural lease will not be recognised or permitted, except under special circumstances, and ihen only upon the authority and with the express sanction of the Executive Government. Cancellation of Certificates or Leases. 26. Every certificate and lease shall be subject to the conditions following; (thai i 3 to say) that if the land be sublet or transferred without the sanction and authority of the Governor, or his delegate for the time being ; or, if planting, cultivation, or oilier permanent improvement be not com- : menced witLL three months after the issu e

of suoli certificate or lease ; or, if one fourth in acreage of the land he not, planted, cultirated, • or otherwise improved within twelve months from the date of any such certificate or lease ; or, if at any time dn. rin>r the currency of the lease, the land Bhall he neglected for a period of six months or, if the rent he not raid on the da vs. annotate' formvment thereof, the certificate or lease row bo "anodic 1. and the interest of the holder of +he certificate, or the le'see as the case may he. ahnlutely forfeited ; and in every case where suoh conditions shall not he ewessed in anv certificate or lease Hie same shall bo implied therein respectively. Transfer. 27. Certificates or leases-will net he ferahlo without +hu snecial sanction and an. thoritv of the Governor or his delete for the time heinp ; and forevery such transfer, when sanctioned, a fee or fine of ono pound ( f 11 will he charged ; and no such transfer will he sanctinne lin any case, unless, and un il the conditions with respect to improvement shall have been duly complied with by the holder of the certificate, or the lessee, as the case may be, and until all rent due sha'l have been paid. Land may he taken ron boats. 2*. The ri?ht to survey throuph any land held under oertilca f e, or lease, such road s as may he deemed essential for public convenienee, will he re*ervod ; and also the ri?hf to threw them open to nublic traffic, subject to the allowance of valuation for improvements, and for any standing and growinc crops which may he in rr upon rod) line of road at the period when possession thereof is taken by the Executive Government Construction of Water-races. 29. The ripht to permit the construction of water-races throuph land held unVr cert:fieate or lea e, and to prant free entry to such land for the purpose of cleansing or repairing such water-races, will also be reserved, with or without compensation to the holders thereof, and upon su ?h terms and conditions as the Executive Government may from time to time appoint and determine. Area Withdrawn to be Deducted. 31, When any land held under certificate or lease shall have been withdrawn for any of the before-mentioned purposes, the area so withdrawn shall be deducted from the acreage originally granted, and the rent thereafter payable under such certificate or lease shall be reduced in the same proportion as the reduction bears to the entire acreage. Conditions of Entry to Search for Gold. 31. The right of free entry upon any land heM under certificate or lease as aforesaid, for the purpose of searching for gold, or for any other metal or mineral, is reserved to the Governor ami his delegate, and to si ch persons as shall be authorised to do so, in writing under the han-1 of the Governor or his d legate ; and there is also reserved the right of gran f ing permission to prospect, wi'hout compensation, upon any unimproved land, subject to such regulations as tiro Governor or his delegate for the time being shall from time to time appoint in this behalf ; and every certificate or lease shall be subject to a condition that such certificate or lease may be determined when any gold or other metal or mineral shall be discovere I on the land.