THE LAND ACT AMENDMENT BILL. (FROM OUR OWN CORRESPONDENT.) Wellinuton, June 30th.

Otago Witness, Issue 1598, 8 July 1882, Page 4 (Supplement)

THE LAND ACT AMENDMENT BILL. (FROM OUR OWN CORRESPONDENT.) Wellinuton, June 30th.

The important bill which was promised by Major Atkinson last night, and which embodies the land policy of the Government, is just circulated. It is called "The Land Act 1877," Amendment Bill, and is introduced by the Hon. Mr Rolleston. The first 43 .-sections of tho bill make provision for' leasing by waste land boardn of rural lands for 21 years, with perpetual right of renewal. Lauds so to be dealt with are to bo proclaimed by the Govornor-in-Council. First, leases are to be sold by tender, the upset rental being 5 per cent, oil the capital value of the land, not being less i than the statutory cash price thereof. Persons ■of 18 years of ago and upwards may take , leases under the bill. This is intended to give the' advantages of a reasonable amount of public competition, while at the same time saving intending settlers from the danger of offering, under excitement pi auction, more ' than they ought. It provides for tenders being closed up until all are opened, and is two or more persons offer the same [ amount, and more than any other tenderer, it is to be decided by lot who is to have the lease. As the object of the bill is to ensure the actual settlement of the land, it prevents any j person taking a lease under the bill who will in any way become the owner, tenant, or occupier of more than 040 acres throughout the j Colony. Tins restriction does not apply to 1 persons acquiring a lease by bequest. The bill provides for the preparation *of lease by the [ Commissioners at a fi\ed fee of £1, and for re- • gistration under the Land Transfer Act. j Leases are to be for 21 years, but so arranged as always to expire on the 30th June. The rent is payable half-yearly in advance. Any j lessee at any time, with the consent of _ the I land board, may throw up his lease, and it is ' to be dealt with as if it expired by effluxion of J time ; though, to prevent this being done 1 merely in order to get rent reduced, any person so surrendering is for seven years prevented from taking a lease of land so surrendered. The Governor-m-Conncil for any public purpose may resume possession of the j whole or any portion of the land leased, with, ! however, full provision for compensation to the lessee for improvements and by way of abatement of rental. The lessee whose lands are by such resumption so severed as greatly to reduce the value may throw up such severed portion, with similar rights to compensation. There are provisions as to occupation and improvements which are much the same as those insisted upon under i " The Land Act, 1577," with respect to de-ferred-payment purchasers' fee simple. As, however, it is intended, in laying out blocks for leasing hereunder, frequently to alternate small freeholds with leaseholds, and, therefore, these ] leases may often be taken by persons living on lan adjacent freehold, section 29 allows the i Board to dispense with the necessity for residence in such cases. One provision bars all claim for fouling of a stream by Crown tenants. This clause is intended to apply to the protection of the gold-mining industry. The following is the provision as to renewal of leases -.—About three years before the end of the term two valuations have to he^ madeone of the value of the land with all improvement, the other of the value of all substantial 'improvements of a permanent character then i in existence on tho land which have been made by the lessee. These are defined to be planting with trees or live hedges, or fencing, or draining, or making roads, or sinking wells, watertanks, or water-races, or erecting substantial farm or other buildings. The lessee has then, tip to within three months of the end of term (two years and nine months) to consider whether he will take a renewal of lease on like conditions, the rental being 5 per cent, on the difference, between such two valuations. He can obtain his lease at any j time during that period. If he prefers not to j take it, then the Board can fix a definite rental ' for the land, which must not exceed the amount at which it was offered to the outgoing lessee. It is then offered for public tender at such fixed rent, being a,u amount to be given for improvement*. The lessee can protect himself by making a tender where he has added to the im- ! provemont sinco the date of arbitration ; or, if , tho farming prospects are brighter, the compe- ! tition may result in his getting more for his ! improvements than the valuation allowed him. I If such tendering does not result in a salo, I then tho lessee has 14 days more to eloct j whether he will take a renewal at tho rental ' fixed by Board when inviting tenders. If ho • still prefers not to take a renowal, then his I land and improvements revert to the Crown. { The 12th subdivision provides for the conduct of the arbitration ; and tho 13th contains some miscellaneous provisions, which sufficiently explain themselves. Exiwtitig leases raoy

be exchanged for leases under this bjll, if so desired by the lessees. The bill permits endowment reserves being leased under the bill, though, except as regards reserves for primary education, they cannot bo so dealt with except with the consent of the body interested. Educational reserves may be sold by the "Waste Lands Boards in the same manner as ordinary Crown lands ; though, except as regards reserves for primary education, they cannot be so sold except with the consent of the body interested.

The provisions for relief of deferred-payment settlers are intended to aid persons who, having purchased land on deferred payment, whether rural or pastoral, find it difficult to 'keep up the payments which they had agreed to make. The bill enables them, on surrendering their right of purchase, to take a lease under this bill without going to tender^ subject to two conditions to prevent the possibility of fraud : First, that they mist have purchased and complied with the conditions of purchase for at least three years before the lease ; second, that the rent payable should be 5 per cent, on the price for which they bought the laud. The lease dates back to the date of purchase, though the purchaser gets credit for all payments he has made of purchase - money _as if rent. Thus a man who has paid his instalments for three years can take a lease at once, which will have 18 years to run, and rental will be. paid for the next three years. Persons who have purchased land on deferred payments in village settlements may purchase a farm on that system. A person who has already taken up less than 50 acres on the deferrod-paymeut system, and who has fulfilled his conditions, may take up more land on the same system, so long as -he does not exceed 320 acres in the whole. Residence may be dispensed* with by the Board in the same manner and for like reasons as in the case of a lessee. A number of important -changes are made respecting pastoral leases. These provisions are not retrospective, and only apply to licenses hereafter to be granted. The preemptive right which existed by section 131 of "The Land Act, 1877," to the extent of 320 lucres is taken away. Licenses may be granted for 14 years instead of 10 years as at present. On renewal the licensee shall have same right to compensation for improvements which exist os regards the Otago runs. Lands_ of which possession may bo resumed under section 321 must be defined on the issue of the license, while the licensee is protected from such resumption to the extent of SO acres round the homestead. The miscellaneous provisions include :— (1) Some greater facilities for the prosecution of sawmilling on Crown land ; (2) small quantities of rural land, not less than 20 acres, may be sold ; (3) an alteration in the. Auckland district, by leaving out the East Coast district ; (4) an alteration in the JHawke's Bay district, by including the East Coast district ; (5) a new set of regulations for the Hawke» i Bay land district ; (0) same for the Nelson district : (7) a tramway reserve brought under the designation of 'rural land ; (8) timber licenses may bo issued in Canterbury.