LAND LEGISLATION.

Press, Volume LX, Issue 11691, 18 September 1903, Page 3

LAND LEGISLATION.

THE GOVERNMENTS PROPOSALS. SOME IMPORTANT. CHANGES. (sr-EHAIj TO "THE PRF-SS.") WELLINGTON. September 17. Two Land B~s were introduced by Go vernor's message this afternoon—one large consolidating Bill, anil a smaller itill °' thirty-two clauses, containing amendments on the Land Act of 1302. There is no proposal as to alteration of the tenure, or departure from the optional system, or th*» abolition of the ballot, but a number oi important new provisions are contained m the amending Bill, the other being almost entirelv a consolidation of the existing law.

The amending Bill provides that the Go vernor, if he. thinks it expedient, may, 17 notice in the "Gazette,' permit of the mam street of any township being laid off at any width over 66ft instead r.f 90ft, us provided in the principal Act.

Section 62 of the principal Act, which imposes ahe. conditions under which ap plications can bo made for land, i- : to be. amended to the effect that in computing the. area of land which one applicant, can apply for, an acre, of first-class land is to be deemed equivalent to three acres 01 second class land.

A new clause, is proposed, to the effect that where there is only one application for any land, the deposit, required from the applicant shall bo as stated in section 63 of the Art of 1892, but shall be calculated on the. upset price, and shall be paid not. later than the hour fixed for the ballot, and where the hour for the ballot. is no;, fixed, tho deposit, shall be paid not Inter I'ua.H noon on the first clay thai tlf office, is opened fen- business following tint upon which the application was received. and if not then paid the npplic.nliou shall lapse, Witii respect, to the- existing provision, that an applicant for unsurveyd land must deposit the* estimated cost, ot the. survey, the following provisions are to be deemed to have, applied from the. lime of the coming into operation of tho principal Act (1832):—(1) Such deposits shall be. applied in or towards defraying the cost of tho survey. (2) The amount to be credited ito each selector shall be the. amount of his deposit for the estimated cost of the survey. (3) Should the area, sun-eyed exceed the estimated urea applied for, the additional deposit, shall be. made before tho application is finally approved. and the selector shall bo bound to accept such increased area, and shall in like manner accept any lesser area disclosed by the survev.

There is an important provision with regard to ihe transfer of leases, to the. effect that after a person has resided twelve months on the land, he may, with the permission of the. Land Board and the Minister for Lands, but, not. otherwise, transfer his interest in the land to any qualified person, provided that in any special case, on the, occurrence, of any accident, or other unforeseen circumstances, the Board may, with the Minister's consent, sanction the transfer without the, twelve months' residence having taken place. This provision is in substitution of section 83 of the principal Act, which allows a lessee, with tho consent of the Land Board, to dispose of his land, by sale or otherwise, as he may think fit.

Provision is made for tho registration of leases of domains and reserves vested in tho Crown.

It is also proposed that town lands remaining unsold after having been submilted to auction can be leased at any price tho Minister, on thet. recommendation of the Land Beard, directs. The existing law in this regard is that such cannot be leased at a rent less than 5 per cent, of the upset price. Power is to bo given to tho Governor to dispose of town, suburban and rural land, subject to such rights of way, water rights, or other easements in respect of any other land as he thinks fit. A new provision is proposed to the effect that before unsurveyed land, which has not been advertised as open for selection, can bo disposed of, the applicant must advertise his application three times in some newspaper circulating in the district.

The existing power in the hands of the Minister to let from rear to year land not required for settlement for grazing purposes, is extended so that tho land may bo let for any purpose. An important section is that authorising the Governor-in-Council to withdraw from sale any land supposed to contain kauri gum in the same manner as if tho land is supposed to contain minerals. Tho procedure in the event of Crown tenants failing to pay rates is to be somewhat altered. Under tho existing law the Land Board must pay the ra£es when they forfeit the land, but tho new provision is that they "may" make the charge against money received from the incoming tenants. The right of local authorities to " thirds " and " fourths " ■is not to be affected by any allowance or rebate under the Crown Tenants' Rent Rebate Act, 1900, and with regard to tho duration of "thirds" and "fourths," there is the following new provision: —" Nothing herein shall authorise- the payment of any sum greater than the third or fourth. as the case may be, of fifteen years' rent." There is a provision that if a local authority fails for twelve months to submit, proposals for the expenditure of "thirds" or "fourths," or if the Land Board declines to approve of their proposals, the money may be expended under the direction of the Minister for Public Works, and this provision is to be made to apply to "thirds" and "fourths" unexpended at tho time the Bill becomes law.

Tho rights of lessees to timber are then defined Tho lessee will have no authority to sell timber unless it is felled in the ordinary course of clearing and cultivation, but the Land Board may, if it thinks fit, grant permission to sell timber, though not felled in tho ordinary course of cultivation, in which case the proceeds of the sale of the timber must be applied as follows: —(a) In payment of any rent in arrear owing by the lessee or licensee; (b) in payment of the next year's rent in advance, and (c) ill defraying the cost of fences, buildings, and other permanent improvements made on the land by tho lessee or licensee. There is, however, a proviso that lessees who have fulfilled all tho provisions as to improvements shall be freed from these restrictions, and may dispose of' timber on their land as t-hev think fit.

An important provision is that the Land Board may, under special circumstances, extend the time within which the, purchaser of cash land must make his improvements beyond the seven years laid down in the Land Act of 1892, the limit of /time proposed to be allowable at tho discretion of the Land Boards being an additional five years, and it is i!.so. provided that in coses where the seven years have elapsed before the P-i'rr becomes law, the Land Board may .allow further time, but if the. improvements are not made within the time prescribed by the Aci, or allowed by the Land Board, then it is provided that tho estate and interest of the purchaser of the land shall bo absolutely forfeited, and the land shall be again available for selection.

The rights of executors to transfer the interests of a deceased settler who took up land for occupation with right of purchase, as defined by section 154 of the Land Act of 1892, are extended to apply to land held under any system of tenure (other than fee simple), and to every description of Crown lease or license. A slight alteration is made in, the existing provision, giving tho Ijand Board power to transfer the land of a deceased licensee to his widow or children or both. As to tho right of persons to hold more than one pastoral run, the old provision is to bo repealed, and iho following substituted:—'lt shall not be competent lot

any person or company, except on the recommendation of the Board, and wV.h the approval of the Minister, to hold more than ono run of any kind under this part of this Act, and such consent may be given either before or after an application has been made or a bid given at auction." Power is proposed to be given to travellers to depasture stock, but only on unfenced and uncultivated land no*, witni.'i fifty chains of a homestead. The powers of (he Governor to reserve land from sale is to be extended to land required for policestations and post, and telegraph offices, as well as the purposes mentioned in the principal Act. A new provision is inserted as follows: —"ln any case where, in the opinion of the Land'Board, the land held by a settler is insufficient for the maintenance of himsclf and family, the Board may in its discrction but subject, to the approval of the Minister, pennit him to acquire, any land in tho vicinity without such land first being opened for public selection, and, notwithstanding any restriction contained in the principal Act, as to the number of sections which any selector may hold, provided that the area, so acquired, together with any other land held by such settlor shall bo within the limits of area prescribed by the principal Act." Power is to be given to the Governor to set apart, areas of land not exceeding 2000 ("teres in each cas<* for ostrich farming, the land to bo held as a grazing run under conditions as to rent and improvements to be determined by the Governor, but the lessee, must, within a time to be determined by the Governor, keep on the land not less than one ostrich for every five acres. A similar power is to be given to the Governor to set. apart, land for tho cultivation of grapes, olives, and other fruits, in sections not exceeding fifty acres and not more than 0110 section to be held by any settler. These sections are to bo held under special regulations as 1o rent, residence, improvements, and transfer, made by the Governor, and tho Governor can also make regulations providing that advances of money (not exceeding in any one case £2O) may be given to the settlers-, to enable them to profitably occupy their allotments, and providing for the repayments of such advances.

Power is 10 be given to the Land Boards, with the consent of the Minister, to rcll as a, site for ,a, dairy farm or creamery the freehold of not more than five acres of laud, at not less than 20s an acre.

There is a provision that, when a mistake has been made, in a Crown grant- as to the area of any piece, of land, the holder of tho land shall be liable for the value, of the excess, computed at the original purchase price, and the Crown shall similarly be liable to the bolder of the. land should the area have been overstated in the Crown grant, A special provision is inserted giving the Otago and Southland Land Boards power with tho consent of the. Minister 10 revalue the Pomahaka and Beaumont estates and retix tho rentals.

The final provision in the Bill is with respect to coal leases over education endowments, as follows:—"At the request of persons in whom any land is vested as an education reserve or education endowment, the Governor may, on the recommendation of the Warden, if in a mining district, or of the Commissioner of Crown Lands if 3iot in a, mining district, issue leases or licenses for the raising and disposal of coal or lignite, in accordance with the provisions of the Coal Mines Act, 1891. All rents and royalties arising from any lease or licenses granted under this section shall bo paid over to the persons in whom tho lands are vested, to be applied by them in the manner provided by law with respect to the proceeds of the sale of education endowments." CONSOLIDATING BILL.

Tho Consolidating Bill consolidates the following Acts: —Education Reserves Act, 1877, Land Act, 1892, Land Act Amendment Act, 1893, Mining Districts Land Occupation Act, 1894, Fencing Act, 1895, Land Act Amendment Act, 1895, Land for Settlement Consolidation Act, 1900, Crown Tenants Rent Rebate Act, 1900, Land for Settlement Amendment Act, 1901, and Town Main Streets Act, 1902.