MINISTER OF LANDS EXPLAINS SECTION CONCERNING TIMBER

Grey River Argus, 16 November 1948, Page 2

MINISTER OF LANDS EXPLAINS SECTION CONCERNING TIMBER

No Farming Of Areas The clause in the Land . Bill dealing with the removal of timber, has been of particular concern to the West Coast, and the Member . for Westland, Mr J. B. Kent, has received representations from the Law Society. Progress League, Chamber of Commerce and others. In addition, the Progress League has circulated ad members of the House. The intention of the Clause has been outlined by the Minister ol Lands, the Hon. C. F. Skinner, who has forwarded the following letter to the Westland Law Society: “Further to your telegram of November 8 about Clause 100 of the Land Bill, the position is that this Clause really does no more than put in statute form the present law as to the rights of a lessee to cut and sell timber. It has long been established that, with one exception, a tenant for years has no right to cut timber without the prior consent of the owner: if he does so, he. is committing waste. The exception is that, where the lessee covenants to clear the land, he has of course to cut the timber and in such a case the Courts have held that he may sell the timber. Your Society will be well aware of the cases which have decided these principles. “Of recent years, it has been the general policy of the Lands Department to develop Crown land before disposing of it. In some cases bush has been left to provide shelter or to prevent soil erosion, or for some other good purpose. It is necessary that the Department should be in a position to prevent the indiscriminate cutting or burning of this bush, otherwise the object in leaving it could be defeated. Where land contains millable timber it is the practice to declare the land a provisional State forest and dispose of the timber first. Then after the timber has been removed the reservation is revoked and the land developed or disposed of by the Lands Department. PRACTICE IN PAST

“I am well aware of the practice which has grown up in Westland of Crown lessee’s selling timber to sawmillers, either for a lump sum or on a royalty basis, and in view of the fact that the Department has to a certain extent recognised the practice I give you my assurance that, unless the statute under which the lease or licence is held, or the terms included in the lease or licence itself, specifically reserve the timber to the Crown, the Department will not interfere to prevent the completion of these contracts for the sale and purchase of the timber. Where the Department has consented to the sale of timber, Clauss 100 will of course not apply; Clause 185 (5) protects existing contracts which have been consented to. “It cannot be denied that in the past Crown lands have been selected, or Crown leases have been bought, primarily for the timber growing on the land, and the tenants have ‘farmed the timber 1 rather than the land. No Government would be acting in a responsible way unless it took steps to stop this practice, but you may rest assured that where any Crown tenant has millable timber on his land and wishes to dispose of it, the Department will act reasonably in considering any application from him for consent to sell.

“I trust that this letter will remove any fears about Clause 100. A copy of this letter is being handed to Mr Kent, M.P.”