Whereas the land mentioned in subsection (4) forms part of the Downs Settlement and was purchased by His Majesty the King as to part thereof from John Beattie, and as to other part thereof from Rachel Wilson Beattie, under section 4 of the Land Laws Amendment Act 1928:
And whereas with the said land there were acquired from the said John Beattie the mining privileges in respect of water mentioned in subsection (5), such privileges being regarded as necessary for the proper utilisation of the land comprised in that Settlement:
And whereas it was subsequently deemed necessary for His Majesty to apply for and acquire the further mining privileges in respect of water mentioned in subsection (6), and such privileges were duly acquired:
And whereas the Downs Settlement has been subdivided in manner contemplated by the said section 4 of the Land Laws Amendment Act 1928 and the several subdivisions have been acquired by way of purchase on deferred payments by the persons (hereinafter called the purchasers) on whose application the Downs Settlement was acquired by His Majesty as hereinbefore recited:
And whereas the purchase price of each of the said subdivisions includes a proportionate part of the amount paid by His Majesty in respect of the acquisition of all the aforesaid mining privileges in respect of water (hereinafter collectively referred to as the said privileges):
And whereas it is deemed advisable that His Majesty should continue to hold and to administer the said privileges:
And whereas for that purpose it is advisable to confer certain powers on the Minister of Lands (hereinafter called the Minister):
And whereas by memorandum of agreement, bearing date 21 May 1930, it was agreed by His Majesty to secure to the aforesaid John Beattie and Rachel Wilson Beattie the right to receive a total of 2 heads of water for delivery to the lands described in subsection (7):
And whereas it is desirable to empower the Minister to supply water under the said privileges to other lands not forming part of the Downs Settlement:
Be it therefore enacted as follows:
(1) The Downs Settlement and the said privileges shall for all purposes be deemed to have been lawfully acquired by His Majesty, and the said privileges shall, together with all water races heretofore or hereafter constructed in connection therewith, continue to be held in the name of His Majesty. The expression water race shall throughout this section have the meaning assigned to it by section 3 of the Water-supply Act 1908, and shall apply in all respects as if all water races and other works and things mentioned in the said definition which are now existing or may hereafter be made or constructed in relation to the said privileges had been constructed by or under the authority of a County Council or Water Supply Board as in the said definition mentioned.
(2) For the purpose of the proper control and administration of the said privileges and water races while held in the name of His Majesty, the Minister—
(a) may by notice in the Gazette define an area within which water may be supplied under the said privileges for irrigation purposes, or for domestic or household use, or for watering stock, or for any 1 or more of such purposes, and such area shall include the Downs Settlement and the lands described in subsection (7), and may in the discretion of the Minister also include other lands not forming part of the said Settlement, and the Minister may from time to time in like manner alter the boundaries of such area by the inclusion therein of any other lands or the exclusion therefrom of any lands other than the lands in the Downs Settlement and the lands described in subsection (7):
(b) shall have and may exercise in respect of the said privileges and water races all the powers, rights, duties, and authorities conferred on the Minister of Public Works by section 275 of the Public Works Act 1928 in respect of water races and water supply works to which that section is applicable:
provided however that paragraph (b) of the said section shall not apply to the said privileges or water races:
(3) Nothing contained in this section shall be deemed to bind His Majesty or the Minister to construct or to maintain any water race, or channel, or anything whatsoever pertaining to a water race, or to the delivery of water; nor shall anything contained in this section be construed as relieving from the payment of his proportionate share of the cost of maintenance and control of the said water races, or other expenses, any person entitled to the use or delivery of water from the said water races, whether or not such use or delivery is without charge.
(4) The land purchased by His Majesty from John Beattie and Rachel Wilson Beattie, and forming part of the Downs Settlement, is particularly described in a notification under the hand of the Minister published in the Gazette of 2 June 1932.
(5) The mining privileges in respect of water acquired by His Majesty, as hereinbefore recited, from John Beattie are the following—namely, licence for a water race, Number 2639, dated 24 October 1907, licence for a water race, Number 4690, dated 8 August 1927, both such licences being registered at the office of the Mining Registrar at Naseby.
(6) The further mining privileges in respect of water acquired by His Majesty, as hereinbefore recited, for the purposes of the Downs Settlement are the following—namely, licence for a water race, Number 4892, licence for a branch race, Number 4893, licence for a branch race, Number 4894, licence for a branch race, Number 4895, licence for a branch race, Number 4896, licence for a flood race, Number 4897, licence for a flood race, Number 4898, licence for a flood race, Number 4899, licence for a flood race, Number 4900, licence for a flood race, Number 4901, all such licences being registered at the office of the Mining Registrar at Naseby, and dated 1 September 1930.
(7) The lands held by John Beattie to which His Majesty has agreed to secure the right to receive 2 heads of water as hereinbefore recited are Section 4, Block X, and Sections 6 and 7, Block VII, Blackstone Survey District, Otago Land District.
Section 15(2)(d): amended, on 31 October 1936, by section 2(4) of the Reserves and other Lands Disposal Act 1936 (1936 No 49).
Section 15(7): amended, on 13 October 1941, by section 20(6) of the Reserves and other Lands Disposal Act 1941 (1941 No 21).