WASTE LAND BOARD.

Evening Star, Issue 3260, 1 August 1873, Page 3

WASTE LAND BOARD.

There were present at yesterday’s meeting

of the Board the Chief Commissioner (in the chair), Messrs Butterworth, Clark, and Keid, Ihe following was among the business transacted :

Mr Dalrymple, as agent for Mr R. Telford, presented a petition from residents in the neighborhood, praying that Totara Island should remain a bush reserve, an at present, instead of being leased or sold. Mr Connell, for Mr Robson, who had been previously granted a lease of the island for tree planting, asked that the matter should stand over till Mr Strode’s return. The latter application was refused. Messrs Connell and Moodic, on behalf of Messrs J. and A. M'Lean, applied to have the temporary reserve withdrawn from sections 17 to 20, 50 to 53. 55 to 58, 92 to 95, 103, and 104, block 4, sections 3 to 8 and 19 to 28, block 8, Papakaio, and to have the same put up for sale by auction, at the upset price of 10s per acre. The application was declined. , , Messrs Connell and Moodie, on behalf ot Messrs J. and J. A. M'Lean, brought under the notice of the Board the refusal of the District Officer to grant an application nfade under clause 103 B, for a pre-emptive agricultural lease on run No. 237 ; and without prejudice to the rights of the applicants under the said application, to offer to take the land on run No. 23fi instead. This application had been duly forwarded to the Warden, hut he refused to grant the lease upon the ground that the laud was included in a reserve made under the authority of the Provincial Council. ■ On behalf of Messrs M'Lean, it was contended that the grounds net forth by the District Land Officer were incorrect and contrary to fact, and that the reserve—which was for the Benevole.it Asylum—had not been legally made. It was submitted that clause 83 of the Act under which the reserve was made rendered it imperative that the Board, and not the Superintendent, was the proper authority to make the reserve. That was under the Act of 1866. If clause 83 were read with clans j 63 it was clear that the’ Waste Lands Board must Act with the Superintendent and Provincial Council in making those reserves. The Board had never so acted, and consequently tne reserves were not legally made. It was contended further that under the 8: rd clause the Board had only powvr to reserve part of a run ; but the proclamation issued in this instance by the Superintendent or Deputy-Superinten-dent professed to set aside the whole of this run as a reserve. The power to reserve any part was not power to reserve the whole, and on that ground the reserve was illegal. Again, it was contended that the Board itself had very clearly never recognised this as being a proper reserve. The Act said that when a reserve was made the lease determined and no rent was payable. In this case the Board did receive rents from Messrs M'Lean, and consequently it was clear that the Board did not recognise this as a reserve. Of course, if it were decided that there was no reserve, Messrs M'Lean would be entitled to their pre-emptive right. In reply to a question, Mr Connell stated that his argument would apply to the whole of the reserves under the proclamation, unless made under a special Ordinance. The matter was referred to the Provincial Solicitor for his opinion. The Town Council of Lawrence recommended that the application of Messrs Detert and Downie, for a quarry license at Lawrence, should not be granted. The application was accordingly refused.