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The Pamphlet Collection of Sir Robert Stout: Volume 56

Agricultural and Grazing Lands

Agricultural and Grazing Lands.

Grazing areas may vary in size, but shall not in any case exceed 1,000 acres, and not more than one grazing area shall be granted to or held by any one and the same person.

The term of all leases of grazing areas shall expire not later than fourteen years after the commencement of the Act.

The annual rent to be reserved in every lease of a grazing area shall be not less than 2d. and not more than 4d. per acre, and shall be payable in advance by half-yearly moieties.

Applications are to be lodged at the Land Office of the district in which the land is situated. A Local Land Board, in cases where more than one implication is made for the same land, investigates the applications and reports to the Minister.

Any person of the age of 18 years, not being a selector under any previous Land Act or Acts, is entitled to take up as a grazing area, and may, after issue of the lease, select thereout an agricultural allotment to an extent not exceeding 320 acres, which shall thereupon be excised from the lease. This privilege of so selecting an agricultural allotment out of a grazing area, however, is not permitted to a married woman who has not obtained a judicial separation.

Any selector under previous Land Act or Acts may take up a grazing area the acreage of which added to that previously selected by him shall not exceed 1,000 acres, and if he have not already selected the maximum of 320 acres allowed under previous Land Acts may, out of the grazing area leased by him, make up the deficiency in the selection hitherto obtained by him at any time, and hold the same under conditions of selection so long as the entire area so selected shall not exceed 320 acres.

In the covenants of a lease of a grazing area it is provided—
1.That the lessee shall not assign, sublet, or subdivide without express consent.
2.That the lessee shall destroy vermin.page 6
3.That all improvements shall be maintained in good condition and repair.
4.That les see shall not ring or destroy, or, except for purposes of fencing or building on the leasehold, cut down any timber thereon without express consent of Board.
5.That the lessee shall, at least within three years after date of lease, enclose the land demised with a fence and keep same in repair.
6.Her Majesty, her heirs, &c., may resume possession of any portion on payment to lessee for his interest in lease, together with value of substantial and permanent improvements effected by him on the land resumed.
7.Lessees shall have no better tenure in regard to the right of miners to enter such leased land in search of gold than was possessed by pastoral tenants under "The Land Act 1869."
8.Her Majesty, &c., shall have a right to resume, after giving three years' notice in writing, possession of any land demised upon payment to lessee of his interest in the lease, together with the value of all substantial and permanent improvements erected by the lessee on lands so resumed.
9.The lands demised under any grazing area lease are held, subject to a condition that the holder of a miner's right or of a mining lease shall have the right and be allowed to enter upon such grazing area, and to search for gold and mine thereon and erect and occupy mining plant or machinery, without making compensation to the lessee for surface or other damage.

Upon the expiry of the term of a lease the lessee, his executors, &c., shall be paid by an incoming tenant the value of fences, wells, reservoirs, tanks, and dams erected or constructed on the leasehold, provided the amount so paid does not exceed the sum actually expended thereon, but in no case shall exceed the sum of 10s. per acre over the land comprised in such leasehold.

A licence to occupy an agricultural allotment is subject to the following limitations and conditions:—

The area to be held under licence may in no case exceed 320 acres. No licence shall be issued to any person who has selected under any previous Land-Act or Acts the maximum of 320 acres, or who has taken up a preemptive right to that extent, or is under 18 years of age, or who is a married woman, not having obtained a decree of judicial separation.

The conditions of such licence are as follow:—
1.That the annual rent of Is. per acre shall be paid in advance in half-yearly moieties.
2.That the licensee shall not assign, transfer, or sub-let the agricultural allotment or any part thereof.
3.That the licensee shall at once commence to destroy, and shall, within two years, have destroyed to the satisfaction of the Board, the vermin upon the licensed land, and that he shall keep the land free of vermin during the currency of the licence.
4.That the licensee shall, if not sooner called upon, under the provisions of "The Fences Statute 1874," within six years enclose the land with a fence and keep the same in repair.
5.That the licensee shall, within twelve months after issue of licence, and thence-forward during continuance of licence, occupy the allotment; that within six years the licensee shall erect on his holding substantial and permanent improvements to the value of 20s. per acre included in the allotment.

If the above conditions are fulfilled by the licensee, he shall be entitled to obtain a grant of the land so licensed to him on payment of 14s. per acre, or may obtain a lease for a term of 14 years at a yearly rental of Is., payable in half-yearly moieties, and on the complete payment of 14s., reserved under lease, shall be entitled to a grant.

The Governor may also issue a "non-residence licence," to improve an agricultural allotment, for a period of six years, at a fee of 2s. per acre per annum, to any person entitled to become a licensee of an agricultural allotment under this Act who has applied for such licence and paid a half-year's fee in advance.

Under such a licence the land shall be enclosed within six years, and permanent and substantial improvements effected to the extent of 20s. per acre before the end of the third year of the currency of the licence, and before the end of the sixth year of the value of 20s. additional, on which the licensee may obtain a lease, the condition of which shall be the payment of 2s. per acre per annum for a term of 14 years—the entire sum payable in respect of the purchase-money of an allotment held under a "non-residential licence" being 40s. per acre.

Except as provided above, no lands included in the agricultural and grazing class shall be alienated in fee simple.