THE OTAGO WASTE LANDS ACT, 1872.

Otago Daily Times, Issue 3369, 22 November 1872, Page 3

THE OTAGO WASTE LANDS ACT, 1872.

Under the above title there was passed during the last session of the Assembly a measure which, according to the preamble to the Act, professes so to consolidate and amend the laws now in force for the s=tle, letting, occupation, and disposal of the waste hinds of the Crown within tbe Province of Otago, as to afford greater encouragement to the settlement of people within the Province.

The Act comes into opera'ion on the Ist January, 1873. B«dow we give a summary of a portion of the provisions of the Ace, and we shall continue from day to day to summarise the'reinaining provisions. A errs ÜBI'KALKI). The followirg Acts are repealed :— "The Otago Waste Lands Act, I SOO." " The Otago Hundreds Regulation Act, 1809." "The Otago Waste Lands Act, ISGO, Amendment Act, 1809." "The Otago Hundreds Regulation Act Amendment Act, J870." Nothing, however, contained in the Act, except where otherwise expressly i provided, .shall affect any contract or engagement entered into with the Crown previously to the coming into operation of the Act. ciiow.N i.anoh A«rr, 1802, not AFKBcrEn. Nothing contained in the Act shall be construed to repeal, alter, or in any way affect any of the provisions of " Tho Crown Lands Act, 1802." OKNEItAI.. Every act which the Superintendent is authorised or required to perform by the terms of the Act, he shall perform solely in accordance witli tlie advice of his Executive Council for the time being, and such advice sliall be recorded on the Ministers of the Executive Council. WASTK LAN lIS lIOAHII CONHTITIiTKO. — row Kits DKI'INKII. There -shall be a Board of Commissioners to be called " The Waste Lands 'Board of the Province of Otago," and the said Board slial consist of one Chief Commissioner, and of not less than two nor more than five other Commissioners, all of whom shall be appointed and lie removable by warrant under hand of the Superintendent, subject, to the approval of the Governor in Council. Provided that not more than one member of the Executive Council shall be a member of the Board.

Tlie salaries of the Commissioners, except that of the Commissioner of Crown Lands, and of the officers of the Board appointed by the Superintendent or by the Board, shall be paid out of revenues appropriated for the purpose by the Provincial Council.

The Hoard shall luivo nn oflice in'Dunedin, at wliich ollice the Board shall sit The Commissioner of Crown Lands, when present, and in hia absence' then some member selected by those present at any meeting of the Board, shall preside thereat, and the Chairman shall havo an original as well as a casting vote in all questions coming beforo the Board. All questions coming before the Board shall be decided by a majority of the Commissioners present. All meetings of the Board shall be attended by at least three Commissioners, and shall be open to tho public. The Board may, with the consent of the Superintendent, create districts for the sale and disposal of land, and such districts shall be called Land Districts ; and the Board may appoint officers within such districts for tlie purpose of conducting sales, for receiving applications for land, and for generally carrying into eflect the provisions of the Act. The salaries of such officers shall be paid out of revenues appropriated for the purpose by the Provincial Council. All the routine business relating to the disposal of Waste Lands shall be transacted by the Commissioner of Crown Lands, subject to snch instructions as he may receive from the Board. Every dispute and difference relating to the sale, letting, disposal, and occupation of Waste Lands, or to anything done under the Act, shall be heard and determined by the Board. The Board may charge a fee not exceeding tivo pounds for the decision of any disputed question ; the fee to be paid by the party against who.n the decision shall be made. The decision of the Board sliall, subject Ui right of appeal to the Supreme Court, as provided in " The Waste Lands Board Apneal Act, 18G7," be final and conclusive ; provided that the Board may upon application grant a rehearing of any case decided by it, and may alter its previous decision. ;

All applications for the purchase or occupation of land made before the coming into operation of the Acfc, and all disputes arising out of such applications, and all disputes pending before the present Board, shall be decided by the Board to be appointed under the Act.

The minutes of the Board shall be open to the inspection of the public at all reasonable hours, on payment of a fee of two shillings and sixpence.

There shall be kept in the oflice of the Board at Dunedin, in a convenient form for reference, every letter, application, report, and communication received thereat, and copies of those written therefrom ; also, overy order made by the Board and by the Commissioner of Crown Lands; all of which shall be open to inspection of the public, on payment of a fee of two shillings and sixpence.

All moneys payable under the provisions of the Act shall be paid to the Receiver of Land Revenue, unless otherwise expressly provided. The Commissioner of Crown Lands shall cause a statement specifying the area and locality of all the unsold unsurveyed lands of the Province (excepting town and village lands), t • be published in tlie Provincial Government Gazette, and circulated once in every twelve mouths ; and evei^ such statement shall specify as near {is iray be the quality of the land open |or selection. BURVKYB. There shall be a Chief Surveyor, who shall be appointed and be removable by the Superintendent, and as many Assistant and District Surveyors as shall be necesr sary, who shall be appointed and be removable by the Superintendent upon the recommendation of the Chief Surveyor. All surveys shall be conducted in such manner as the Board, by any regulations to be made in that behalf, shall direct. CLASSIFICATION OF WASTE LAND. The Waste Lands shall be divided into three classes, namely :— (i.) Town land, being tho sites heretofore reserved, or which"shall be hereafter ! reserved, for towns and villages. (2). Suburban laud, being land in the vicinity of any town lands.

(3.) Rural land being lands not reserved for towns or villages or any other public purposes. Tiie Board may at any time declare that any land shall belong to cither of the said classes, and also that any land shall cease to belong to cither of sheh classes.: Provided that town or suburban land shall not cease to belong to such classes respectively without tho consent of the Provincial Council