WHEREAS divers persons who have held or now hold licenses to depasture stock upon Waste Lands of the Crown in the Province of Canterbury have sold or transferred to other persons their right to depasture stock over portions of the lands comprised in such licenses and whereas it is expedient that the persons to whom the right to depasture stock over such portions of such lands has been so sold or transferred by the original holders of such licenses or persons claiming under them or to whom such rights may be hereafter sold or transferred should be enabled to have issued to them separate licenses from the Waste Lands Board of the said Province to depasture stock upon the portions of the said lands upon which the right to depasture stock already has been or hereafter may be sold and transferred as aforesaid And whereas it is expedient that further provision be made for regulating the sale of land in towns withdrawn from the gold fields in the said Province

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—

I Short Title.

The Short Title of this Act shall be “The Canterbury Waste Lands Act 1866.”

II Upon portion of a run being sold Waste Lands Board may issue separate license for such portion.

Whenever it shall be made to appear to the satisfaction of the Commissioners of the Waste Lands Board of the Province of Canterbury that the original holder of any license to depasture stock upon Waste Lands of the Crown in the said Province or any person claiming under such original holder shall have sold or transferred his right to depasture stock upon any portion or portions of the land comprised in such license to any other person or persons it shall be lawful, for the said Commissioners to grant to each person to whom the right to depasture stock upon any portion of the lands comprised in such original license shall have been so sold or transferred a separate license under the hands of the said Commissioners for the portion of the said lands to which such person shall be entitled in like manner as if such license were issued as an original license and thereupon the portion of the said lands for which such new license shall he issued shall be and be deemed to be a separate run and shall be numbered as such in the books of the said Commissioners and also on the public maps of the said Province and a fresh license shall be issued to the person or persons claiming the residue of such run under the original license.

III Commissioner to grant fresh licenses in certain cases.

Whenever it shall be made to appear to the satisfaction of the Commissioners of the Waste Lands Board of the Province of Canterbury that the original holders of any licenses to depasture stock upon adjoining portions of the Waste Lands of the Crown or any persons claiming under any such original holders respectively shall have exchanged their right to depasture stock upon any portion or portions of the lands comprised in such licenses with each other it shall be lawful for the said Commissioners to grant to each of such persons a fresh license under the hands of the said Commissioners which license shall issue in like manner as if the same were an original license and such license shall omit the portions of the said lands which such person shall have parted with and shall include such other portions as such person may have received in exchange together with the lands comprised in the original license excepting such portion omitted as aforesaid.

IV Commissioner may issue fresh license comprising one or more previously issued.

Whenever it shall be made to appear to the satisfaction of the Commissioners of the Waste Lands Board of the Province of Canterbury on the application of any person being the original holder of two or more licenses to depasture stock upon adjoining Waste Lands of the Crown in the said Province or any person claiming under such original holder that it would be desirable that the lands comprised in such two or more licenses should be comprised in one it shall be lawful for the said Commissioners to grant to such person a fresh license which shall issue in like manner as if the same were an original license and shall comprise the lands included in such two or more licenses and such new license shall have such number given to it as to the said Commissioners shall seem fit.

V Application for new license to be in writing and accompanied by a plan.

Every application for a new or separate license shall be in writing and shall be signed by the applicant or by his agent or solicitor and shall state the names of the person or persons to whom the original license or licenses was or were granted and also the names of the persons then entitled to the different portions of the lands comprised in such license or licenses and shall be accompanied by a plan of the lands showing thereon the boundaries of the different portions for which separate or new licenses are required.

VI Application for issue of new license to be advertised.

Every such application as aforesaid shall be lodged in the office of the Chief Commissioner of the said Waste Lands Board at least eight weeks previous to the day upon which such application shall be heard and notice of such application shall be given by the Chief Commissioner by advertisement in at least one newspaper published in the said Province once every week for such period as aforesaid and the expense of such notice shall be borne by the applicant.

VII Run to be re-surveyed.

The Waste Lands Board may require the said lands to be resurveyed and thereupon the applicant shall deposit with the Treasurer of the Board the estimated cost of such re-survey The Chief Surveyor shall as soon as practicable make such re-survey and the division or divisions in each case respectively shall be made and marked by the Chief Surveyor on the public maps in his charge and shall be binding and conclusive upon all parties concerned.

VIII New license to give no claim to additional pre-emptive rights.

Nothing in this Act contained shall be deemed or taken or construed to give to the person or persons to whom such new licenses shall be issued power to take up any additional pre-emptive rights beyond such as the holder or holders of the original license or licenses would have been entitled to take up under such license or licenses.

IX Fee for issue of new license.

There shall be paid to the Receiver of Land Revenue for the said Province for each license issued under the authority of this Act the sum of one pound such sum to be paid by the person to whom such license is issued.

X Land in gold fields townships may be sold at fixed price.

Whenever any land within a proclaimed township in the Province of Canterbury heretofore has been or hereafter shall be withdrawn from any gold field for the purpose of sale it shall be lawful for the Superintendent upon the recommendation of the Provincial Council to declare by proclamation in the Provincial Government Gazette that any part of such land which shall at the time of such withdrawal be lawfully occupied and have upon it buildings of the value of not less than twenty-five pounds shall be offered for sale to the person in lawful occupation of such land at a fixed price and upon the like recommendation to fix the price at which such land shall be so offered If such offer be accepted in writing within two months after a notice thereof shall have been published in the Provincial Government Gazette it shall be lawful for the Waste Lands Board to sell such land to such person at such fixed price Provided that every such sale shall except as regards the price take place upon the conditions in reference to the sale of Town Lands prescribed in the Waste Lands Regulations of the said Province and if such offer as aforesaid be not so accepted within such period such land shall be sold by auction in the ordinary manner prescribed in such regulations and at such upset price as may in each case be determined by the Superintendent and Provincial Council.

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Canterbury Waste Lands Act 1866