Carterton Borough Council Forestry Empowering Act 1975

Reprint
as at 1 July 2001

Coat of Arms of New Zealand

Carterton Borough Council Forestry Empowering Act 1975

Local Act1975 No 7
Date of assent22 August 1975
Commencement22 August 1975

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to empower the mayor, councillors, and citizens of the Borough of Carterton to embark upon a scheme for the afforestation of land vested in the mayor, councillors, and citizens of the Borough of Carterton

1 Short Title
  • This Act may be cited as the Carterton Borough Council Forestry Empowering Act 1975.

2 Interpretation
  • In this Act, unless the context otherwise requires, Borough Council means the mayor, councillors, and citizens of the Borough of Carterton.

3 Power to establish, tend, and utilise forests
  • (1) The Borough Council shall have and shall be deemed always to have had the power to establish, tend, and utilise forests on any land vested in the Borough Council not being land held for any particular purpose other than forestry or water works or water collection (in this section and in sections 4 and 5 referred to as forest land).

    (2) The Borough Council shall have and shall be deemed always to have had all such powers as may be reasonably necessary or expedient to enable it to carry out its functions under this section, and in particular it may from time to time—

    • (a) prepare and carry out forest surveys, including surveys necessary for the demarcation of forests, for working plans, for land utilisation, for water conservation, for soil stabilisation, and for timber assessment:

    • (b) acquire, use, and develop land for the establishment, culture, growth, protection, maintenance, and management of trees and other plants; for the utilisation of forest produce; for administrative, industrial, residential, or storage uses in connection with its forest land or any forest produce; for providing access; for the carrying on of farming operations incidental to the management and operation of its forest land; for the conservation of water; for the stabilisation of soil; and for amenity purposes, including scientific purposes or such recreational purposes as are consistent with the proper use, management, and utilisation of its forest land:

    • (c) make provision for the establishment, culture, growth, protection, maintenance, and management of trees and other plants on its forest land, and for the utilisation of forest produce derived from the same:

    • (d) take such steps as may in its opinion be necessary or desirable for the prevention and control of fire on any of its forest land, including for those purposes the purchase and maintenance of cattle and sheep or other livestock:

      provided that nothing in this subsection shall authorise the Borough Council to carry out or permit to be carried out any farming operations, or to keep livestock or allow livestock to be kept, on any land used for water collection.

    (3) In the exercise of the powers conferred by this section, the Borough Council may from time to time—

    • (a) sell or otherwise dispose of forest, pastoral, or other produce from its forest land:

    • (b) establish and carry on, or grant leases, licences, or permits for, any operations or industry relative to the felling, cutting, extraction, removal, conversion, manufacture, transport, distribution, or sale of timber or other forest produce derived from its forest land or the finished products derived from any such produce, and erect, purchase, rent, or lease any buildings, machinery, or plant required in connection therewith:

    • (c) subject to compliance with such requirements as to accounting as the Auditor-General specifies, enter into any partnership or into any arrangement for sharing of profits, union of interest, co-operation, joint venture, reciprocal concession, or otherwise with any government department, corporation, company, or person carrying on or engaged in or about to carry on or engage in any purpose which the Borough Council is authorised to carry on or engage in under this section.

    Section 3(3)(c): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

4 Working plans
  • (1) The Borough Council may from time to time prepare working plans for forestry purposes in respect of the whole or any part of its forest land, and every such working plan shall regulate the management of the land affected by the plan for such periods not exceeding 10 years as may be stated on the plan in that behalf.

    (2) Every working plan shall specify with respect to the period thereof—

    • (a) the silvicultural operations to be carried out; and

    • (b) the maximum area from which forest produce may be disposed of or the maximum quantity of forest produce that may be disposed of, or both, as the Borough Council thinks fit; and

    • (c) the protection and development operations to be carried out; and

    • (d) such other matters as the Borough Council thinks fit.

    (3) Every working plan prepared under this section shall, so far as it relates to land vested in the Borough Council for water works or water collection, not have any force or effect until it has been approved by the Director-General of Health or such other officer of the Ministry of Health as the Director-General nominates for the purpose.

    Section 4(3): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

5 Grants for research
  • (1) The Borough Council may from time to time make grants from its funds for the purpose of giving assistance towards research or investigation in respect of matters relating to the forestry industry and generally for the purpose of encouraging the adoption of measures designed to promote the greater efficiency of that industry:

    provided that the money so granted shall not in any financial year exceed the sum of $500.

    (2) In addition to the amounts authorised to be paid by the Borough Council under subsection (1), the Borough Council may in any year pay to any organisation engaged in research in respect of forestry or silviculture for the purpose of receiving assistance in the destruction of forest pests or weeds, or in respect of any other matter likely to assist the Borough Council in administering with greater efficiency any of its forest land, an amount not exceeding a sum equivalent to 50 cents for every acre of its forest land which is planted with trees.

6 Operations to be trading undertaking
  • The operations of the Borough Council under this Act are hereby declared to be a trading undertaking for the purposes of Part 11 of the Municipal Corporations Act 1954.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Carterton Borough Council Forestry Empowering Act 1975. The reprint incorporates all the amendments to the Act as at 1 July 2001, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)