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The Pamphlet Collection of Sir Robert Stout: Volume 7

An Act to Amend the Waste Lands Regulations of the Province of Wellington. [30th October, 1865.]

An Act to Amend the Waste Lands Regulations of the Province of Wellington. [30th October, 1865.]

Short Title.

I. The short Title of this Act shall be "The Wellington Waste Lands Amendment Act, 1865."

page 16

A Land Board to be established.

2. After the passing of this Act there shall be a Waste Land Board for the Province of Wellington, which shall consist of the Land Commissioner of the Province and the Provincial Secretary of the Province for the time being, a Chief Surveyor of the Province, and one member of the Provincial Council, elected by the Provincial Council at the first or any subsequent session of such Council, who shall hold office during the period of the existence of such Council and after the termination of such Council by effluxion of time or otherwise, until the first session of the next Council.

Board to decide, &c.

3. The said Board shall sit at least once a month in the City of Wellington to determine and define the boundaries of such lands as shall be considered pastoral lands, to receive all requisitions to alter the boundaries of any block or blocks, or to purchase portions of blocks to complete boundaries of adjoining landowners; also to receive, inquire into, and determine, all complaints and differences relative to the purchase of land, acceptance or refusal of applications for the purchase of land and questions as to conflicting applications.

How vacancy of member of Council to be supplied.

4. If the member of the Provincial Council so appointed shall cease to be a member of the Council, or die or be absent from the sittings of the Board for three months, or otherwise become incapacitated to act as a member of the Board, the Speaker of the Council shall appoint some other person being a member of the Council to perform his duty as a member of the Board until the next session of the Council; but if in consequence of the termination of the Council or otherwise, there shall be no Speaker, the Superintendent shall appoint a member to supply such vacancy, who shall hold office only until the sitting of the next session of the Council.

Board to be open.

5. Due notice of every sitting of the Board shall be given in one or more newspapers published in the Province and every meeting shall be attended by not less than three members and shall be open to the public.

Minutes to be kept.

6. The Board shall keep true and detailed minutes of all their proceedings, and such minutes shall be signed by all the members present at any meeting. And such minutes shall be open to the inspection of all persons desiring to inspect the same at any time during office hours, on payment of two shillings and sixpence for every such inspection.

In future acquired districts.

7. With regard to all lands over which the Native Title has been or shall be extinguished, the Board shall as soon as possible determine upon such evidence as they may think fit, what portion of such land is from its hilly or broken character or otherwise, unavailable for agricultural purposes, and such land shall be considered to be and shall be called pastoral land and shall be surveyed in blocks not less than one square mile each.

Pastoral land may be purchased at 7s. 6d. per acre.

8. All pastoral land may be purchased at the fixed price of seven shillings and sixpence per acre, at any time before or after survey, in the page 17 same manner as, and in accordance with, the regulations of the Province of Wellington for the purchase of rural lands, but in quantities not less than one square mile and in such form as may be determined by the Board.

Board may alter boundaries.

9. If a purchaser desire to have the boundaries of any block of pastoral land altered so as to make them accord with the natural features of the country, the Land Board may alter the same, or any or either of them, if they think it desirable and fit to do so.

Land Commissioner may put up land to auction at Jive shillings per acre.

10. Any person may require that one block or more of such pastoral land after survey shall be put up to auction by the Land Commissioner at the upset price of five shillings per acre, but if it form part of a sufficiently stocked run, three months' notice of such application shall be given to the holder of such run.

These regulations not to interfere with present interests.

11. These regulations shall not interfere with the pastoral land included in any application heretofore received by the Land Commissioner and certified to be such by the Commissioner, or the applicant's rights thereunder. Provided however that any applicant shall be at liberty at any time before the land comprised in his occupation shall be put up to auction, to purchase the whole thereof at seven shillings and sixpence per acre.

Sections 13 and 14 of present regulations repealed.

12. Sections 13 and 14 of "The Waste Lands Regulations of March 1853" are, with respect to the Province of Wellington, hereby repealed, except as far as concerns any rights under an existing license.

Repeal of present repugnant regulations.

13. So much of the Land Regulations of March one thousand eight hundred and fifty-three and of the Additional Regulations of February one thousand eight hundred and fifty-five, as is repugnant to, or inconsistent with, the provisions of this Act, is hereby repealed, so far as respects the Province of Wellington.

Powers vested in the Governor.

14. All the powers and authorities by "The Waste Lands Act 1858," vested in the Governor, shall continue to be vested in the Governor in like manner as if this Act were included in the Schedule of "The Waste Lands Act 1858."