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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.
Artificial Oyster-Beds.—Permissive Licenses
Artificial Oyster-Beds.—Permissive Licenses.
| 15. |
Permission to form and occupy artificial bed.
The occupier of any lands bordering on the sea or any estuary, or any person, with the consent of such occupier, may apply to the Collector at the nearest port or place for a permissive license to form or plant any artificial oyster-bed on or near the shore adjacent to such lands; and the Minister, on the report of the said Collector upon any such application, may grant such license to the applicant upon such conditions and upon payment of such rent as he may think fit. Any person who shall obtain from the Minister, in the same manner, a permissive license for the purpose, may form or plant any artificial oyster-bed on or near the shore adjacent to any Crown lands bordering on or near the sea or any estuary. |
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| 16. |
Rights of the occupier.
The person forming or planting any such artificial oyster-bed, his executors, administrators, and assigns, shall hold the same, for such period not exceeding twenty years as the Minister may think fit, as tenant thereof, and at the expiration of the said term the licensee may, subject to the approval of the Minister, obtain a renewal of his license for such further term not exceeding twenty-one years, and at such rental, as shall be decided by the Minister. But the forming and planting of such artificial oyster-beds as aforesaid shall not give any exclusive right or title to the occupation of the said shore or sea-ground except for the purpose aforesaid, or prevent the full and free exercise and enjoyment of any right whatsoever in or along the said shore or sea-ground, subject to the provisions of this Act. |
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| 17. | Governor may revoke license within three years if oyster-bed not formed. The Governor may from time to time, by an order in writing under his hand, revoke any license granted under section fifteen if it is made to appear to him that the holder of such license, or his page 7 assigns, has not, within the period of three years from the date of such license, taken steps proper, in the Governor's opinion, to form and plant the oyster-bed in such license mentioned; and thereupon all the rights and privileges created by such license shall cease and determine. But the Governor shall, previously to the making of such order, cause notice in writing of his intention to make the said order to be served upon the person for the time being entitled to such license, or, if he cannot be found, shall cause the said notice to be published in the Gazette in each of two consecutive weeks; and no such order shall be made until after the expiration of one month from the service of such notice, or from the date of the last of such notices in the Gazette. |
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| 18. |
The occupier of every artificial oyster-bed shall set up on Boundaries of oyster-beds to be indicated by marks.some convenient part of the adjacent shore, not being private property, distinguishing posts or marks, to be approved by the Collector at the nearest port, by which the boundaries of such oyster-bed may be sufficiently indicated.
Where any such oyster-bed cannot be conveniently marked by posts or otherwise on the shore, the same may be indicated by buoys or other floating marks, approved as aforesaid. |
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| 19. | Every permissive license granted under this Act—General provisions affecting oyster-bed licenses.
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| 20. |
Any Collector or Inspector, with the sanction of the Minister, Collector may authorise oysters or oyster-brood to be taken for purposes of propagation.may, by writing under his hand, authorise any person to be named in such writing to take oysters and oyster-brood from natural oyster-beds for the purpose of supplying and replenishing any artificial oyster-bed in his occupation, if seven days' notice of the purpose of taking such oysters or oyster-brood is published in a newspaper circulating in the neighbourhood, stating the places from and to which respectively the said oysters are to be taken.
Any person who applies or uses, and any licensee who knowingly authorises or permits to be applied or used, otherwise than in manner authorised by this section, any oysters so taken is liable to all the like penalties and consequences to which he would have been liable if this section had not been passed. |
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| 21. | Every person who wilfully damages, interferes with, or Penalty for injury to oyster-beds.removes oysters from any artificial oyster-bed, without the consent of the occupier of such bed, is liable to a penalty of not less than twenty shillings nor more than fifty pounds, and, in addition to such penalty, to pay to the party aggrieved such sum of money not exceeding fifty pounds as shall appear to the Justices before page 8 whom such person shall be convicted to be a reasonable compensation for the damage and injury done. |
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| 22. | Persons entitled to land on the shore may form oyster-beds. Nothing in this Act contained shall be deemed to make it necessary for any person who, by express words in a grant, lease, or license from the Crown, is seised of or entitled to the soil of and in any part of the sea-shore to obtain any permission under this Act to form oyster-beds on such parts of the shore. |