REGULATIONS FOR GRANTING AGRICULTURAL LEASES ON GOLD FIELDS IN THE PROVINCE OF NELSON.

Appendix to the Journals of the House of Representatives, 1872 Session I, G-04b

G.—No. 4b.

REGULATIONS FOR GRANTING AGRICULTURAL LEASES ON GOLD FIELDS IN THE PROVINCE OF NELSON.

PRESENTED TO BOTH HOUSES OP THE GENERAL ASSEMBLY, BY COMMAND OT HIS EXCELLENCY.

WELLINGTON.

1872.

Ct. —No. 4b

Mode of Application. 1. Every application for an agricultural lease of Crown land within the Nelson Gold Kelds 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 (14) days, on boards standing not less than three (3) feet above the surface of the ground, and erected one at each corner of the land so applied for. Application to he Advertised. 2. A notice of every such application, and of the date fixed for the hearing thereof, with full particulars of the locality of the land applied for, shall be advertised not less than twice, by and at tho expense of the applicant, in such newspaper circulating in the district as the Warden shall direct ; and copies of the newspapers containing such notice shall be produced to the Warden before he shall proceed to hear the application. Deposit to be Paid. 3. Before any such application shall be received by the Warden, the applicant must pay to a Receiver of Gold Revenue a deposit, the amount whereof shall be calculated as hereinafter set forth, and such Eeceiver shall give a receipt therefor in the form provided by tho Treasury Regulations for the time being in force, and such receipt must be produced to the Warden on making tho application. Deposit, how Calculated. 4. If application is made for 50 acres or any less area, the amount of the. deposit shall be £10. For any greater area, the deposit shall be calculated upon the entire acreage at the rate of four shillings per acre, and any fractional part of an acre will be reckoned as an acre. Boundaries must he Marked. 5. The boundaries of the land applied for must be marked on the ground by [_ trenches, and substantial posts standing not less than three (3) feet above the surface at each corner thereof. Areas must he Sectangular. 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, and shall be laid out in accordance with rules 1, 2, 3, and 4 of section 14 of " The Nelson Waste Lands Act, 1863." Hearing. 7. Upon a day to be appointed by him, 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. 8. 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, or by counsel. Surveyor to lieport. 9. Before or at such hearing, a report and plan by the Chief Surveyor, or some person authorized by him, shall be furnished to the Warden, setting forth the probably auriferous nature or otherwise of the land applied for ; the prior existence or otherwise of any claim or mining privilege 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 shall also (if so instructed by the Warden) attend at the hearing to render such information as may be required. Warden to Report. 10. Immediately after tho hearing, the Warden shall forward the application, together with the Surveyor's report and all other documents relating to the application, to the Superintendent. And therewith the Warden shall report whether any objection has been made, or any reason known to him, why such application should not be granted, and also whether the applicant is the holder of any other land under the Agricultural Lease 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. 11. All applications for agricultural leases will be reserved for the final decision of the Superintendent ; 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.

REGULATIONS FOR THE GRANTING OF AGRICULTURAL LEASES IN THE PROVINCE OF NELSON.

REGULATIONS EOR AGRICULTURAL LEASES

_.—No. 4b,

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Certificates. 12. 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, 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. 13. If any applicant fails or neglects to take up his certificate within thirty (30) days after notice, by advertisement in a newspaper circulating in the district, 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. Term of Lease. 14. Leases will be granted upon such applications as may be approved by the Superintendent for a period of not exceeding seven (7) years from the first day of January, April, July, or October, which may be next ensuing the date of the certificate issued under regulation 12. Certificates to le Exchanged for Leases. 15. If the holder of such certificate shall neglect, for the space of thirty (30) days from the time of notification by advertisement in a newspaper circulating in the district that the lease is ready for execution, to execute such lease and a counterpart thereof, the said lease shall become void, and the ground declared open for occupation. Sent. 16. The rent charged shall not exceed two shillings and sixpence (2s. 6d.) per acre, payable halfyearly in advance from the date of the lease, and every fractional part of an acre will be considered as an acre, and charged accordingly. Refusal of Applications. 17. In the event of the refusal to grant any application, the applicant will be entitled to a refund of the 'amount of his deposit less any charges that may have been incurred by reason of such application. Exemptions. 18. 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 water-course, or which may present auriferous indications ; and in all cases a public roadway, not less than one claim m width, will be reserved along the banks of rivers. Sale of Interests. 19. The sale or transfer of any right, title, or interest to or in any application for an agricultural lease, will not be permitted nor recognized, without the sanction, in writing, of the Superintendent. Cancellation of Certificates or Leases. 20. Every certificate and lease shall be subject to the conditions following (that is to say), That if the land be transferred without the sanction and authority of the Superintendent; or if planting, cultivation, or other permanent improvement be not commenced within three months after the issue of such certificate or lease ; or if one-eighth in acreage of the land be not planted, cultivated, or otherwise improved within twelve months from the date of any such certificate or lease ; or if, at any time during the currency of the lease, the land shall be neglected for a period of six months; or if the rent be not paid on the days appointed for payment thereof, the certificate or lease may be cancelled, and the interest of the holder of the certificate, or the lessee, as the case may be, absolutely forfeited; and in every case where such conditions shall not bo expressed in any certificate or lease, the same shall be implied therein respectively. Transfer, 21. Certificates or leases will not be transferable without the special sanction and authority of the Superintendent; and for every such transfer, when sanctioned, a fee of one pound (£1) will be charged ; and no such transfer will be sanctioned in any case, unless and until 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 shall have been paid. Land may le taken for Soads. 22. The right to survey, through any land held under certificate or lease, such roads as may be deemed' essential for public convenience, will be reserved; and also the right to throw them open to public traffic, subject to the allowance of valuation for the improvements, and for any standing and growing crops which may be in or upon such line of road at the period when possession thereof is taken by the Superintendent. Construction of Water-races. 23. The right to permit the construction of water-races through land held under certificate or lease, and to grant 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 such terms and conditions as the Superintendent may from time to time appoint and determine. Area to le Withdrawn to le Deducted. 24. 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

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a.— No. 4b.

IN THE PROVINCE OE NELSON.

granted, and the rent thereafter payable under the lease shall be reduced in the same proportion as the deduction bears to the entire acreage. Conditions of Entry to Search for Gold. 25. The right of free entry is reserved to the Superintendent upon any land so leased as aforesaid, for the purpose of searching for gold or any other metal or mineral, and of determining any lease when such gold, metals, or minerals shall have been discovered therein; and further, when any ground held under an agricultural lease is supposed to be auriferous, it shall be lawful for the Superintendent to authorize any person to prospect the said ground, upon giving sufficient security for compensation for any actual damage that may be caused thereby; and when any agricultural lease shall be determined on account of the auriferous character of the ground, the compensation to which the lessee is by law entitled shall be paid by the persons desirous of mining thereon, in such manner and proportion as the Superintendent shall determine; and there is also reserved the right of granting permission to prospect without compensation upon any unimproved land subject to such regulations as the Superintendent shall from time to time appoint in this behalf. Schedule I. No. FlaceDate. To Wakden . ... hereby apply for a Lease of Land for Agricultural Purposes situate at , and comprising acres or thereabouts ; and I deposit herewith the Receiver's receipt for pounds , shillings and pence, in accordance with the Agricultural Lease Regulations of the day of 187 , made under ' The Gold Fields Act, 1866." , - n , Signature (Same m i ml.) Address The above application will be heard before me at ,on , the day of , 187 . A. 8., Warden. Schedule 11. N°- Place. Bate. Received from , by way of deposit on account of application for acres of land situate at , under application No. , under the Agricultural Leases Regulations of the day of , the sum of pounds , shillings and pence. £ Receiver of Gold Revenue. Schedule 111. (Not Transferable without the Sanction of the Superintendent.) Pbovince oe Nelson. District of , 187 . Weeebas the application of for an Agricultural Lease of Crown Lands situate at , and containing acreß roods perches, was heard before me on 187 , and whereas the Superintendent has approved of the said application : This is to certify that the said is hereby authorized to take possession of the land so applied for, and the same to hold, use, and enjoy, subject to the terms and conditions specified in the Agricultural Lease Regulations in force at the date of the issue hereof. A. 8., Warden. 10. This certificate is to be exchanged for a lease when the said is notified that such lease is ready for his acceptance. Given under my hand, and issued under the Public Seal of the Province of Nelson, this seventh day of May, in the year of our Lord one thousand eight hundred and seventy-two. Oswald Cuetis, Superintendent. Attested — Alfbed Greenfield, Provincial Secretary.