PROPOSED LEGISLATION.

Ohinemuri Gazette, Volume XXI, Issue 2723, 25 November 1910, Page 2

PROPOSED LEGISLATION.

BILL INTRODUCED.

THE QUESTION OF COST.

COMPENSATION FOR THE

FARMERS

[By Electric Telegraph.] Wellington, November 23. The Waihou and Ohinemuri Rivera Improvement Bilij introduced by Governor's Message in the House of Representatives this afternoon, provides in the first place for the dissolution ol the' Ohinemuri River Board, at present in existence. The assets of that Board are now to be vested in the Ohinemuri County Council. No further mining privileges may be granted which might affect the Waihou and Ohinemuri rivers. Legally acquired rights in any wharf, ferry or other work in or upon any part of bed or banks of rivers are protected. The Minister is authorised to construct all necessary works, and do all other things necessary to, (1) remedy or prevent the silting up of the Waihou and Ohinemuri rivers, any mining or drainage operations ; (2) prevent or mitigate the flooding of lands in the prescribed district by the waters of these rivers ; (3) to improve parts of the rivers for purposes of navigation ; (4) other purposes as the Governor-in-Council may determine. The Thames Harbour Board shall continue to exercise the powers given it under the Act of 1878. THE MINISTER'S POWERS. Very wide powers are vested in the Minister. He may straighten, shorten, divert, deepen, widen or diminish the width of, or alter the course '^of; any

river, stream, watercourse, or drain ; deposit dredgings and. other materials on banks so as to form stop banks,

reclamations, and other works ; construct levers^ groynes, drains, flood gates, protective and other works in, upon, or under the bed or banks of any river, watercourse and lands in the

river district ; remove any trees in or adjacent to such river, or close up or alter any outlet from or inlet to the same, either wholly or partially; remove, alter or construct wharves, shipping places, and all other necessary erections with road approaches and other convenient adjuncts thereto, in or upon the bed or banks of any river, or on lands within the river district, as he thinks fit, -without payment of any compensation for severance or loss of riparian and other rights in any such cases, save only for the value of the land taken. The Minister may also take any land, whether native, private, or otherwise, which he considers necessary ■in the manner prescribed by the Public Works Act. He may also take any land • required tor afforestation-. . Full compensation is to be paid to any person injuriously affected by the taking of such land, or by the construction of any work authorised. In assessing such compensation, however, any benefit which may accrue from such construction must be taken into consideration. COMPENSATION FOR DAMAGE. Provision is made for the classification of land injuriously affected by recent floods, and survey is to be made of all agricultural or pastoral lands covered by tailings from mining opeiations, by reason of the floods which occurred in the river district in the years 1907, 1908, 1909, and 19 10. Such lands shall be classified in three classes, as follows : — Class 1 : Lands totally destroyed—that is to say, lands covered by tailings to a depth exceeding three inches, and where it is apparent that such lands are now of little or no use. Class 2: Lands partially destroyed—that is to say, lands covered by tailings to a depth exceeding thiee-quarters of an inch, where those tailings can be ploughed in and the land resown. Class 3 : Lands temporarily damaged—that is to say, lands covered by tailings to a depth not exceeding three-quarters of an inch. It is provided that a magistrate shall be appointed to inquire and report as to the value in the year 1895 of the lands totally destroyed, and also as to the

value ot the permanent improvements placed upon those lands since that year which are now valueless by reason of the tailings deposited thereon, and also as to the damage sustained by the

owners, lessees, or occupiers of the lands partially destroyed since the year 1895 by the deposits of tailing on their lands. The magistrate shall recommend what amount shall be paid as compensation to the owners, lessees, and occupiers ot such lands. The aggregate amounts payable to the owners, lessees, and occupiers of any land totally destroyed shall not in any case exceed the value ot that land in 1895, together with the value ot permanent improvements made since that date. In the case of lands partially destroyed, onehalf of the loss sustained shall be awarded as compensation, and in no case shall it exceed in the aggregate £2 per acre. Nothing in the bill shall be deemed to affect the existing rights in favour of the Waihi-Paeroa Gold Extraction Company. Provision is also made to enable the Minister to grant further rights to work tailings if he thinks fit.