Otago Waste Lands Act

Clutha Leader, Volume II, Issue 75, 16 December 1875, Page 7

Otago Waste Lands Act

AMENDMENT ACT, 1875.

Whereas it is expedient to amend " The OtagO Waste Lands Act 1872 : " Be ifc.therefbre.enactedbythe General Assembly of New Zealand in Parliament assembled, and by the authority of the samfy as follows :— -

1.. That the, Short Title of this Act shall be "The Otago. Waste Lands Act 1872 Amendment Act, 187o."

2. In this Act the. term "the said Act" means " Otago Waste Lands Act 1872."

3. All the words after the. word "Act" in the fourteenth line of the forty-seventh section of the said Act are repealed,, and the said sections shall hereaftor be -construed and read as if the portion thereof hergby repealed had never been enacted : Provided always this repeal shall not affect any proceeding done or commenced under the said section, but the same may respectively be enforced and completed as if this Act had not been passed. 4. The words v two shilling and sixpence" in section fifty-three of the said Act, shall be read as' if the words "three shillings " were inserted ia lieu thereof. ' 5. Subsection four of section fiftyfour of the said Act is repealed,, and the following subsection is enacted in lieu thereof.— .

A condition annulling the license in case of non-payment of the fees or any of them in accordance with the conditions herein mentioned ; or in case improvements to, the; value of fifty pounds shall not have been effected within the first, year from the date of the said licenses ; or in oase .the licensee shall not, except in the case provided for by the last proviso to this section, within six months afW. the issue of,; the license, and .thenceforward . .during' the continuance of siichjicense, personally occupy the! allotment j or incase substantial, and permanent: improvements, certified in writing 1 by the. Board or •under the hands; pi: 'arbitrators -to be of the value of one- pound for every acre and fractional part of an acre of the allotment, shall not haveheen made on the : allotment by the. licensee, his. administrators, or assigns, . before the end of; the third year from the .cotninencement of rhe license •■ or, in case of the breach or non-fulfilment of. any of the conditions, of the license , or of a violation of any of the provisions of this Act. ;6. Subsection five v of ; section: fiftyfour of. the said is Hereby iffmended, and whorever in the said Act subsection five the words " seventeen' shillings and. sixpence,"., appear, 'the' said subsection shall b ; e read as if the words " twentyone shilling's " were inserted thereof ; and wherever the words " two shilling's and sixpence" appear, the said subsection shall be* read, as if the words '•' three shillings " were inserted in lieu thereof j and wherever the wo'rds*^ twenty-five shilling's 77 and the wojfds " otte pound five shilling's" appea^yxhe said subsec- . tion shall ; be read as if the words " thirty shillings were inserted in lieu thereof.

7. There shall be : added to subsection five of section fifty -four of the said Act the following- proviso : — Provided al\yays that no assignment or underlease, or transfer of any license or lease or-of the lands or any part thereof, in; eluded in. such license or lease granted under the provisions of the said Act.referring 1 to alienation of 'lands by license or lease, or of the right, title, or interest of the license, or lessee therein described", whether by operation of. any law now. or hereafter to be in force or by act of the. license or lessee, shall take effect or have any force or validity either at law or in equity. ,

8.. any mineral or metal or valuable stone Has 'been or shall be discovered on any waste lands, held under license or lease for depasturing purposes, it shall be lawful for the Waste Lands Board at any time to cancel the license 6r Idase over any portion of the ] r and3. found to contain such, mineral or metal,' arid v over such areaV 'adjacent thereto, as. may from time to time berequiredrforthe p.r^per working of ,tKe mines or for granting' access thereto, and in either case the licensee or lessee shall be entitled to compensation, the aniq,unt of wjiich shall, failing 1 a.g4ttiemenit by agreement between 'the Waste Landg Board-and tbelipensee or lessee, be/settled by arbitration, r in, the manner^ and subject to the provisions of sections ninety -eight . toloneimndced . i and three both inclusive of the said Act, all of which provisions shall apply to i such: compensation and the settlement and payment ' thereof. : . : ; -. • 9. Whenever '.the, Wastelands Board is ! «uthdris"e& tVg'ra'tft Vlidetise orilease. tinder the said 1 Act 6r : any amendment, thereof, the^fams shall be gignedliy the Chief "Com'mijssibner ; of 'th'e'i Was£e : Lands' Board" at the ' request' 'cJf ' : tWe' Board, and shall be'as valid aridjefFectual if so si^ried as if signed by all the members of the Board. -•■•'*< , <

- lOJ-This'Act shall be read. and! con r str.Uctedas part-of the:<aaid;Act. £ , -^ 11. The fifty -sftpoAdji&ectiQntof the Act is herebyr repeaied,-but-such repeaL ; •sballr not^afeet anyv proceedlna bc-iacb ttiken or done or commenced^ or any r^t^cqui^d before the passing of this. ■'Act. 1> ; r u ,° "' "''" ■' *'* :{ ■ : ; f , , ISyJf the District^ Officer shall'find' that Tptfor^th an;b'ne' s application has been made for-a-license to occupy the JBanra ,day, w and shall ;find^h£%no objection m d «e|& -*ffiaßfc^ lu^irfedFto the [or some portion thereof, and,xthkt then land is not ; in . the whole or T rm>fiari ; r

auriferous/ and* is '"'- not v lilsely to be jrei quired for any" public "pufp of e"V the'right. to the license of sueh 1 land or-some part thereof as may be granted/shall, as jbe\ tween the applicants, be determinedi by publicrauction,,to-be Ijeld on such djay, at :such place, and time as f the* Board may appoint, and of which due notice in writing shall be given to each applicant.- -. fJ - . .- •. -„ v ■ 13. The right to the license to;occupy shall be sold to isuch of the applicants as sjhall-be the highest bidder fortha, sanie. ' _ , • The upset price shall be the price at which, under the said Act, as amended by this Act, the fee simple could in the ordinary course ba purchased, and the price attained at such auction shall be the price to be ultimately paid for the fee simple of the land comprised in such license j payment of the purchasemoney so to be attained as aforesaid, whether by occupation, fees or as rent, or as purchase-money, shall be made proportionally in the manner provided by the said Act, and as if the price so to be attained as aforesaid had been fixed by \this Act,