THE WASTE LANDS ACT.

Colonist, Volume II, Issue 103, 15 October 1858, Page 3

THE WASTE LANDS ACT.

An Act toregulajte the disposal and administration of the Waste Lands of tho Crown in New Zealand. [Reserved for the signification of her Majesty's.pleasure thereon, 19th August, 1858.]

Be it enacted by the General Assembly of New Zealand, in Parliament assembled, arid by. the authority of the same, as follows:— : 1. Acts, &c, specified in schedule declared valid, and to rerhain in force with certain exceptions.— The several acts, ordinances, and regulations, specified in the schedule to this act annexed, are, hereby declared to have been valid from the time of the passing or issuing thereof, and the said acts, ordinances, and regulations, and the bills specified ~. in the said schedule shall hereafter have the full force and effect. of law in the several provinces to •which they respectively relate, except so far as > ihe same are repugnant'to or inconsistent with the \ provisions hereinafter, contained, that is to say,— 1. No larger quantity of land than 320 acres " . ' shall be put up for sale by auction in any j .' ■-'■ one lot,.and the upset price shall in no case j ,::. v-be less thanss. an;acre. .. ; S;,:J,N.o,iiand after the first day of-August,-1860, . ~shalll be sold upon credit, except such as it '■may be lawful to set apart for special settle? " merit by immigrants expected to arrive. j ','/" & The .priority of choice shall in no case what- ._-., '.'.... .ever be decided- by .lot, but in all cases in • which two or more applications are made on the same day for any land open for selec- •'-., -. -• tion at a fixed price, such land shall beput . • up. to auction at an upset price of the same amount as the fixed price, at which auction ' •'■" only the applicants in person or by their '' '.. agents shall be allowed to bid. But this provision shall not extend'to applications heard before the Waste Lands Board of the ■Province of Canterbury, 2. Governor in Council, may niter of. lands. —If at-any time the Superintendent and Provincial Council of any province shall recom-'y mend to the Governor that an augmentation should be made in tlie price at which the wastelands of ' the Crown within such province sliallbe offered . for sale either by selection or by auction, it shall be lawful for the Governor in Council, If he think fit, to fix such price accordingly.. . ,-■ , ;3. The Governor to constitute Offices arid appoint Officers. —Subject to the said several acts, regulations, and bills, arid in cases where .no provision shall have "been made in such behalf, . ifc shall be lawful for the Governor in Council in: the name; and on.behalf of her Majesty to constitute such offices and boards, and appoint such ':■ officers as may be necessary for the management , and administration of thewastelands of the Crown, arid for the-survey thereof, within the several. " provinces of the colony;' and from time to time to • make such changes and altc'rationsj and remove -■such officers, as lie may thinkfit. 4. Powers vested in Superintendent to be ex■ercised by Governor.—All the acts authorised or - required, to be performed by, and all the powers conferred upon or given to the Superintendents"of the'several provinces, acting either with or without the advice, or the advice and consent of the i-espec--tive Executive Councils thereof, under or by. virtue of the several acts ordinances bills and regulations specified in fhe schedule to this act, shall henceforth cease to be vested in the Superinten- ! dent, and shall and. may henceforth be vested in ■and may be performed and exercised by the Governor alone fully and effectually for all purposes v • 6V Governor may compel performance of engagements. —-It shall also be lawful for the Governor to exercise and -perform every power and 'act -which may be necessary to complete, carry out, 'or compel the performance of any subsisting contract or agreement, which may have been lawfully made, entered into or commenced, under any law' Tin force, within any province before the coming into operation within such province, of any of the several acts, ordinances, bills, and regulations specified m the Baid.«hedule., 6. Governor may.delegate Powers.—lt shall be lawful for the Governor under his band and the • Public' Seal of tlie Colony, from time to time to delegate to the Superintendent of any province, or to such other person as the Governor may think fit, all or any of the nowers vested in the Governor ■ by. sections 3, 4, and 5, and also by section 14 of . this act, subject or not, to any limitations or restrictions as he may think fit, and in like manner to revoke any such powers: Provided always, that any power which may be in any Superintendent at the time of the coming into operation of this act, under any of the acts, ordinances, bills, .or regulations specified in the said schedule, shall thenceforth be deemed and taken to have been •duly delegated under this act/ . 7i Governor may make Regulations.—Subject .to. the said several acts, ordinances, regulations,, and bills, it shall, be lawful for the Governor in Council from-time to time to make and revoke regulations for the guidance of the several officers employed; in the management and administration of jthe waste lands of the Crown, and for the management and conduct of the business of any Land Board or Office, .and for the settling of all disputes arid differences relating or incident to the-sale, letting, disposal, or occupation of the waste lands of the Crown, and all such regulations shall be binding and conclusive on all persons whomsoever. ■ B. Appropriation of Crown Grant Fees.—All fees payable on the issue of Crown Grants shall be chargeable ,in the first place with the salary of a Secretary for Crown Lands/and with the costs and expenses of maintaining a Crown Grant -Office. 9. Part of section 62, Constitution Act, repealed; costs of administration of Waste Lands to be regulated by Acts or Ordinances of Provincial Councils.—So'much' of the 62nd section of the Constitution Act as authorises the Governor to pay out of the Revenue arising from the disposal of the waste lands of the Crown, all the costs, charges, and expenses incident to the collection, management and receipt thereof, is hereby repealed; and ■except the salaries of the Secretary for Crown lands and of the receivers of land revenue, and the expense incident to the maintenance of the Crown Grant Office, alb the costs, charges, and expenses incident to the management and administration of the waste lands of the Crown within each province, of' the^'cojony, shall' be regulated by acts or ordk nances to be passed by the Superintendent and Provincial Council thereof. 10. Accounts of Receipts and Disbursements to be'audited by Secretary for Crown Lauds.—All the accounts of such costs, charges* and expenses thill b* audited by the Secretary for Crown Land*, tad •» iar w ihi mum rakto to sach prcvins*,

shall be from-time to time laid before the Provincial Council thereof.

/ 11. Governor to fulfil contracts,; &&~A'rid ; Nyhereas it is proper and expedient .that power, should be given to the Governor to fulfil .erigage- . rrierifs heretofore made on behalf of her Majesty,; jand aISoAHo: make reserves- for certain, public purposes,within ;the> colony;:. Be. .it ith'erefore further enacted that.it shall be lawful. ;for.the Go-: yernor at"any time to fulfil,'and perform any. con-, tract, promise; or engagement heretofore made by, or on behalf of her Majesty, and whereof there is evidence in writing, with sj-espect to any allotment or parcel of land within the. colony, and any Crown grant made In. pursuance of any such contract, promise, or engagement shall'be valid. 12. Governor empowered to make Reserves. — It shall also be.lawful for the Governor in Council, at any time and from time to time, to except from sale, and either reserve to her Majesty, or I -dispose of in such other mariner as for the public interest may seem best, ' such of the1 wastelands of the Crown in any of the said provinces as may be required for the purposes of military defence, or for the construction of trunk lines of road, or as sites for public buildings for the use of the General Government, or for other purposes of public utility or convenience; .and all such exceptions shall lie deemed to have been made whenever the Governor by writing under his hand shall have notified to the Superintendent of tlie province, in which any land so excepted is situate, that the same is required for any of the purposes aforesaid, aiid that such notification shall have been published in the New. Zealand Gazette. . .

• 137 Governor niay exchange purpose of, or exchange, ; or sell Reserves.—lt shall also be lawful for the .Governor in Council, by proclamation in the .New Zealand Gazette, to change tlie specific purpdse'for which any land has heretofore been or may hereafter be set apart as a reserve for the General Government, and also to exchange any land for the time being set apart as such reserve for other land of equal value, or to sell any land so set apart, as he. may think fit; and in case of the exchange or sale of any such land to make a Crown grant thereof accordingly: Provided always that in the event of a sale of any such land the' proceeds thereof shall be invested in the purchase of other land, and any land so acquired by exchange or purchase, shall be forthwith proclaimed as a public reserve under "The Public Reserves Act, 1854." 14. Rights to make Roads reserved in certain Crown ', Grants may be released.—And whereas Crown grants haye heretofore from time to time been made, in which rights of roads through the lands therein comprised have been reserved, and it is expedient that power should be giyen to release such rights: Be it therefore further enacted, that it shall be lawful for the Governor by writing under.his hand to release, by an endorsement on the Crown grant, or by a separate instrument, any rights reserved as aforesaid; and on such release being given, the power to take or set apart any roadby virtue of any such reservation shall thenceforth cease and determine: Provided always, that any road set apart in pursuance of any such reservation, previously to such release, shall be deemed and taken for all purposes whatsoever to be a public road and highway. 15. Naval and Military Settlers entitled to land free of cost.—Whereas it is desirable to encourage the settlement of naval and military settlers throughout the Northern Island of New Zealand: Be it therefore further enacted, that naval and military officers whether on full or. half pay, and every.noncommissioned officer and private, marine, and seaman, whether belonging to her Majesty's service or to the service of the East India Company, who may retire or obtain his discharge from the service to which he may belong, or who having retired or obtained his discharge for the purpose of settling in the Provinces of New Plymouth, or Wellington, has not selected land under any former law or regulation enabling naval and military settlers to select land free of cost, shall be entitled to land free of cost in the said provinces respectively, in like manner and upon the same terms and conditions as naval and military settlers are entitled to land free of cost under the Auckland Waste Lands Act, 1858. And the several powers and duties of the Comniissioner appointed under the said- act in respect of land to be so granted, shall be^exercised and performed by any Commissioner of Crown Lands in the said several Provinces of New Plymouth and Wellinptpn.

16.- Former Acts repealed.—-The acts passed by the. General Assembly of New Zealand, intituled respectively ."The Waste Lands Act, *1854," and "The Provincial Waste Lands Act,. 1854," are hereby repealed. ' ' ''. .. • _ 17* Commencement of Act—This act shall not come into operation uiitil Iler Majesty's, pleasure shall, have been taken thereon, and the same shall have been confirmed by Herv Majesty'with the* advice of the Privy Council, and a Proclamation •of such Confirmation having been given, shall have been made by the Governor of the Colony. 18. Short Title.—The short title of this act shall be "The Waste Lands Act, 1858."