In this Act the expressions following shall have the meanings hereby assigned to them respectively unless there be something in the context repugnant thereto or inconsistent therewith that is to say—

Notwithstanding anything to the contrary contained in the seventy-ninth section of the said Act the Governor may as to any railway bridge or any other part of a railway from time to time make regulations authorizing traffic on along or across such bridge or other part of a railway and may thereby fix the times or occasions during or on which such traffic shall be allowed and generally for regulating such traffic.

All contracts under the said Act this Act or any Act authorizing the construction of any railway or other work under the said Act or this Act hereafter made shall be entered into in the name of the Queen her heirs and successors and in the name of the Queen all land and other property real or personal acquired under the said Acts or either of them shall be vested.

Notwithstanding anything contained in the said Act it shall not be obligatory on the Governor to appoint a Board of Works under the said Act until after the expiration of the next Session of the General Assembly.

The Minister shall require the Engineer-in-Chief or the Assistant Engineer to report upon all works to be constructed under the powers of this Act and copies of all such reports shall be laid before the General Assembly immediately after the commencement of the next Session.

The provisions of the said Act and this Act and of all Acts and parts of Acts incorporated in them or either of them relating to railways and to the taking of land for the same shall so far as applicable apply to any tramways authorized hereunder or by the General Assembly to be constructed under the said Act and this Act and to the taking of land for the same Provided that it shall be lawful for the Governor from time to time by Proclamation in the New Zealand Gazette to declare that any provisions in the said Acts or the said incorporated Acts or parts of Acts are not and therefore the same shall not be applicable to such tramways.

The Governor in Council may from time to time direct that the share of the Province of Nelson in the moneys for the time being standing to the credit of the Middle Island Railway Fund may be expended in the construction or improvement of such railways tramways or roads in the said Province as the General Assembly may prescribe Provided however that within that part of the Nelson South-West Gold Fields south of the northern boundary of the Buller Electoral District as the same is now defined it shall be lawful for the Governor in Council from time to time to direct that such portion of the said moneys being four-elevenths part and no more may be expended in the construction of tramways or roads as the Governor in Council may prescribe and thereupon such portion may be so expended and the tenth and eleventh sections of the said Act shall apply to such tramways or roads within that part of the Province of Nelson as if the same were railways authorized to be made under the said Act in the said Province.

In addition to the moneys which under the eleventh section of the said Act may be expended in any year out of the Middle Island Railway Fund Account on the construction or improvement of roads within the County of Westland prescribed under the proviso to the eleventh section of the said Act there may be expended on such roads in the same year out of the Public Works Account such sum as in the estimation of the Minister will probably be allotted to such County in and for the two years then next ensuing. Such sums shall be an advance to be refunded to the Public Works Account out of the share allotted to the County out of the Middle Island Railway Fund Account for the two years next ensuing that in which such expenditure is made.

The provisions of this section shall apply also to roads in the Nelson South-West Gold Fields south of the northern boundary of the Electoral District of the Buller as at present defined.

The nineteenth section of the said Act shall be deemed to have been repealed on the passing thereof and the said Act shall be construed and read as if the same had never been inserted therein.

Before the construction of any main railway authorized by Act of the General Assembly is commenced under the said Act or this Act it shall be determined by the General Assembly whether the cost of the construction of the railway is to be charged against the Land Fund Revenue of the Province in which the railway is to be constructed or against the proceeds of Waste Lands of the Crown set apart or taken for the purpose.

The cost of the construction of all railways commenced before the passing of this Act and of all railways hereafter commenced unless it is specially provided otherwise shall be charged against the Land Fund of the Province in which they are.

As to railways the cost of the construction of which is to be charged against the Land Fund of the Province the following provisions are hereby made:—

Until some portion of the railway is finished and open to traffic no charge shall be made against the Province in respect thereof.

Upon such portion of the railway being finished and open to traffic the Colonial Treasurer shall cause to be prepared an account showing the amount expended in and about the construction of such portion of the railway including the moneys paid by the Colony for interest and sinking fund (if any) in respect of moneys expended on such construction out of the said Loan and for the interest and sinking fund of moneys expended as the costs and charges of the raising of the moneys expended on such construction or if such portion of the railway has been constructed under a contract for a guarantee

A copy of such accounts shall be furnished to the Superintendent of the Province.

The amounts so expended shall be capitalized and the Minister shall determine the amount to be charged yearly against such Province in respect of such capitalized expenditure and in ascertaining such charge fair allowance shall be made in respect of any moneys set aside as a sinking fund.

One-twelfth part of the said yearly charge shall from and after a date to be fixed by the Minister be charged monthly against such Province in the manner hereafter provided in the fourth subsection hereto.

In ascertaining the yearly charge to be made in respect of such construction the Minister shall give credit for the following amount:—

The Minister shall also from time to time after the completion of the railway determine the amount to be charged monthly against such Province for the current expenses of such railway after giving credit for all moneys derived during the month from the working of the railway and such charge shall commence at a time to be fixed by the Minister.

The said charges shall be charged against the Land Fund of such Province monthly in the same manner as nearly as may be as other Provincial charges are by the law for the time being in force charged against the Land Fund or against the moneys paid to Provinces under “The Payments to Provinces Act 1871.”

In the event of the Land Fund of such Province not being sufficient to meet such charges the same shall be met and recouped to the Colony out of moneys to be raised by direct taxation levied within such Province or district.

In any case of any railway the cost of the construction of which is as between the Colony and the Province in which the railway is situate to be charged upon or paid out of the proceeds of any Waste Lands of the Crown specially set apart for the purpose if it shall at any time appear to the Minister that the lands so set apart or reserved are insufficient to meet such cost and other costs incurred or to be incurred by the Colony in and about the maintenance and working of the railway over and beyond the following allowances that is to say—

All sums derivable from the working of such railway

All sums for the time being standing to the credit of the Province at the Middle Island Railway Fund

Such a sum from the moneys for the time being standing to the credit of the Stamp Duties Account of such Province kept under the twenty-third section of the said Act as in the judgment of the Minister may fairly pass in reduction of the charge against such Province in respect of such costs

the Governor may by Proclamation set apart such lands as the Minister may recommend and thereupon such lands shall be deemed to be taken for the purposes of such railways and subject to be dealt with accordingly.

In the event of the lands so set apart not being sufficient to meet the deficiency in the cost of construction maintenance and working of such railway the deficiency shall be met and recouped to the Colony by charges against Provincial Revenues and by direct taxation to be levied within such Province or partly by the one method or the other or by either of them.

If the Minister shall recommend that such deficiency be met in part by a charge against the Province the Minister shall determine what yearly charge ought to be made against the Province in respect thereof and in so determining shall as to the deficiency so to be charged proceed in the same manner as directed by the twelfth section of this Act in the case of a railway the costs in and about which are to be charged against the Land Fund of a Province and after the Minister has determined such yearly charge one-twelfth part of the amount thereof shall in each month after such date as shall be fixed by the Minister be charged against the revenue of the Province including the Land Fund of the Province and moneys payable under “The Payments to Provinces Act 1871” as in the case of other Provincial charges.

The Minister may entertain and consider applications from the owners or lessees of coal mines or other persons interested therein or from the Superintendent of any Province in which a coal mine or coal field exists in the Waste Lands of the Crown within such Province for the construction under the said Act and this Act of a railway from such coal mine or coal field to a seaport or other place.

The applicants shall in each case furnish to the Minister such information as may be necessary for forming an opinion as to the public advantage to be derived from the construction of such a railway and also as to the security which can be offered to the Colony for recouping the cost of such construction and the Minister if he think fit may inquire into the matter and have such local and other investigation made as he thinks fit to direct and the cost thereof shall be paid out of any moneys standing to the credit of the Public Works Account.

The Minister may recommend to the Governor whether such railway shall be constructed and maintained and as to the security to be taken in respect of the cost thereof and shall obtain such information on the subject as he thinks fit.

Any recommendations so made shall be laid before both Houses of the General Assembly.

Whenever any Coal Fields Railway is authorized by the General Assembly to be constructed under the said Act and this Act unless it shall be otherwise provided by the Act authorizing such construction or by any other Act the Minister shall ascertain what contracts and securities ought to be entered into or given by the owners or lessees of the coal mine or other persons interested for recouping to the Colony the annual cost to the Colony of such construction and the maintenance thereof and shall determine what contracts and securities shall he entered into or taken.

The Minister shall obtain such contracts and securities before the construction is commenced.

For the purposes of this and the following sections relating to Coal Fields Railways and the aiding the development of coal mines the Superintendent of any Province in which any coal mine on Waste Land of the Crown is situate shall be deemed a person interested in such coal mine.

All contracts for paying the annual charge of any Coal Field Railway and all such securities as aforesaid shall be taken to and in the name of the Queen and her heirs and successors.

The Minister shall as far as possible before the commencement of the railway determine what annual charge ought to be made against the owners or lessees of the coal mine or others contracting to pay the same in respect of the cost of the construction of such railway and of the maintenance and working thereof.

If in the opinion of the Minister it is expedient that the contract to pay the annual charge for the construction maintenance and working of any Coal Field Railway or any security for the payment of the same ought not to be enforced until after the lapse of a period not exceeding in any case four years from the completion of such railway then such payment or security shall not be enforced until after the expiration of the period so recommended.

The Governor may recommend to the General Assembly the construction of such tramways and in such parts of New Zealand as he shall think fit and the cost of the construction thereof if authorized by the General Assembly may be defrayed out of any moneys for the time being at the credit of the Public Works Account on account of railways or out of moneys appropriated to roads and all tramways which the Governor shall under this section determine to construct shall for the purposes of the said Acts be deemed to be railways determined and authorized to be constructed under the said Act and the said amending Act.

The Governor shall not recommend the construction of any tramway unless it appear to him that the line and situation of such intended tramway are such that a railway will thereafter be required along the same line nor unless it appears to him likely that the tolls receivable for the use of such tramway will immediately on construction or within a period of not less than three years produce a sufficient sum annually to pay the annual interest on all moneys expended on the construction of such tramway in addition to the working expenses and expenses of maintenance thereof.

The Governor or any person appointed by him may demand and take in respect of any tramway such tolls and charges as the Governor shall from time to time fix. A list of the tolls and charges shall be fixed in some conspicuous place on such tramway.

The Governor may from time to time make regulations relating to such tramways or to the following matter:—

The rate of speed to be observed in travelling upon the tramway.

The distances at which carriages using the tramway shall be allowed to follow one after the other.

The stopping of carriages using the tramway.

The traffic on the road on which the tramway is laid if it be laid on a public road.

For preventing the commission of any nuisance in or upon any carriage used on the tramway belonging to the Governor or the Queen and acquired under the said Acts or either of them.

For regulating the travelling in or upon any carriage.

Any such regulation may impose penalties not exceeding five pounds for offences against the same but all regulations shall be so framed as to allow in every case a part only of the maximum penalty being ordered to be paid.

Penalties for breaches of any such regulations relating to tramways shall be recoverable in a summary way before any Justice of the Peace in the manner provided by “The Justices of the Peace Act 1866.”

The Minister or any person or persons from time to time appointed by him for the purpose either for any district to be defined by him in the appointment or for a particular line of railway or part of a line of railway to be specified in the appointment may in the name of the Governor conduct all matters and proceedings under “The Lands Clauses Consolidation Act 1863” as altered by this Act for the purposes of such railways in and about the taking of land for the purposes of railways authorized to be constructed under the said Act and this Act or either of them.

The sections of “The Lands Clauses Consolidation Act 1863” numbered from eight to fifty-four both inclusive except section forty-nine shall not after the passing of this Act apply to any railway authorized to be constructed under the said Act and this Act or either of them or to the taking of land for the same.

If no agreement be come to between the Minister or any such person as aforesaid on behalf of the Governor and the owners of or parties by “The Lands Clauses Consolidation Act 1863” as amended by “The Lands Clauses Consolidation Amendment Act 1866” herein referred to as the “said incorporated Acts” enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of any such railway or other works connected therewith authorized to be constructed or any interest in such lands as to the value of such land or of any interest therein or as to the compensation to be made in respect thereof the same shall be settled by the District Court Judge of the district under “The District Courts Act 1858” in which the lands are situate and two persons to be appointed by him to sit and act with him as Assessors or by the Resident Magistrate or one of the Resident Magistrates of the Resident Magistrate’s Court for the District within which such lands are and two persons to be appointed by such Magistrate as Assessors to sit and act with him.

It shall be lawful for any such District Court Judge or Resident Magistrate upon the application of either party with respect to any such question of disputed compensation as aforesaid to summon the other party to appear before him at a time and place to be named in the summons and such District Court Judge or Resident Magistrate shall appoint such two persons as shall appear to him to be disinterested in the matter to sit and act with him as Assessors in settling such compensation.

Upon the appearance of the parties or in the absence of any of them upon proof of due service of the summons it shall be lawful for the District Court Judge or Resident Magistrate as the case may be with such two persons as Assessors as aforesaid to hear and determine such question and for that purpose to examine such parties or any of them and their witnesses upon oath.

Upon the application of the Minister or any person appointed by him on behalf of the Governor to the District Court Judge or Resident Magistrate and upon such proof as shall be satisfactory to such Judge or Magistrate that any such party is by reason of absence from New Zealand prevented from treating or cannot after diligent inquiry be found such Court or Judge shall nominate one or more surveyors to give evidence on behalf of such absent party before the Court or Judge of the compensation to which such party is entitled and the Court or Judge may proceed to determine the compensation to be paid notwithstanding such party shall not have been served with such summons or be not present or represented at the inquiry.

If the Judge or Magistrate as the case may be and the two Assessors differ in opinion on Such question then such question may be decided by any two of them of whom the Judge or Magistrate shall be one and in the event of no agreement being come to on such question between the Judge or Magistrate as the case may be and either of the Assessors then the Assessors shall be discharged from further proceeding in the matter and the inquiry shall be adjourned until such time and place as the Judge or Magistrate shall appoint and such Judge or Magistrate shall call to his assistance such two other persons as he may think fit and proper and as may appear to him to be disinterested in the matter to sit and act with him as Assessors and at such time and place as shall be appointed by the Judge or Magistrate the question shall be reheard and the like proceedings had as if the same had not previously been heard.

There shall be paid to each of the Assessors one pound for each day or part of a day that he is engaged in such inquiry and for the purpose of meeting such payment there shall be deposited on the making of the application for the inquiry such sum as the Judge or Magistrate shall in each case direct and if the applicant be entitled to the costs of the inquiry he shall be entitled to recover the fees so paid to such Assessors.

The costs of every such inquiry shall subject to the provision hereinafter contained be in the discretion of the Judge or Magistrate and he shall settle the amount thereof. If the amount awarded as aforesaid be not greater than the amount offered the owner or person claiming compensation shall not be entitled to any costs of the inquiry and if the amount awarded be less by one-sixth of the amount claimed the owner of the land or person claiming compensation shall pay to the Minister or such person as aforesaid on behalf of the Governor the cost of and occasioned by the inquiry such costs to be settled by the Judge or Magistrate holding the inquiry.

The Court fees to be paid in respect of such inquiries as aforesaid shall be fixed by the Governor by regulations to be by him from time to time made.

All moneys which under the provisions contained in this Part of this Act are awarded to be paid as compensation or costs to the applicant or claimant shall be paid out of the moneys standing to the credit of the Public Works Account on account of railways within sixty days after the amount shall have been determined but the party claiming must first make out a title to the lands or the interest therein claimed by him to the satisfaction of the Minister.

Payment of costs ordered to he paid to the Minister or any such person so appointed by him as aforesaid may be enforced in the same manner as the payment of costs is enforced in ordinary proceedings in a civil action in the District Court if the inquiry is conducted by a District Court Judge or in a Resident Magistrate’s Court if the inquiry is conducted by a Resident Magistrate.

The said District Court Judges and Resident Magistrates in assessing the purchase money or compensation to be paid in any case are authorized and empowered and shall take into consideration the enhancement in value of the adjoining land belonging to the person to whom such money or compensation is to be paid or any other benefit or advantage which such person may or shall obtain by reason of the making of the railway or other works in reduction of such purchase money or compensation and if it shall appear that by such enhancement in value or other benefit or advantage as aforesaid the owner of the adjoining land will suffer no loss by the construction of such railway or other work then no purchase money or compensation shall be awarded to him.

Certificates of title in accordance with the provisions of “The Land Transfer Act 1870” and “The Land Transfer Act Amendment Act 1871” shall be effectual to vest lands to be purchased under the provisions of any Act authorizing the Governor or the Minister of Public Works to construct any railway.

Conveyances of lands to be purchased or taken under the provisions of the said Act or this or any Act authorizing the Governor or the Minister to construct any railway may be according to the form in the First Schedule hereto or as near thereto as the circumstances of the case will admit or by deed in any other form which the Minister may think fit and all conveyances made according to the form in the said Schedule or as near thereto as the circumstances of the case will admit shall be effectual to vest the lands conveyed to Her Majesty her heirs and successors and shall operate to merge all terms of years attendant by express declaration or by construction of law on the estate or interests so thereby conveyed and to bar and destroy all such estates tail and all other estates rights titles remainders reversions limitations trusts and interests whatsoever of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned but although terms of years be thereby merged they shall in equity afford the same protection as if they had been kept on foot and assigned to a Trustee for Her Majesty to attend the reversion and inheritance and every such conveyance shall be a conveyance within the meaning of the sixty-eighth and sixty-ninth sections of the said incorporated Act.

No conveyance shall be necessary to vest any such lands in the Queen and after any lands which the Governor or the Minister is by the said Act or this or any Act authorizing the construction of any railway by the Governor or the Minister authorized to purchase or take shall have been set out and described in a Proclamation issued by the Governor for the purpose such lands and the fee-simple and inheritance thereof together with the yearly profits thereof and all the estate use trust and interest of every person therein shall thenceforth be vested in the Queen her heirs and successors for ever as fully and effectually to all intents and purposes as if the same had been conveyed by the persons legally entitled to sell and convey the said lands but nevertheless the Governor may if he think fit in any case demand that a conveyance be made to the Queen.

Whereas it may be desirable from time to time to acquire particular portions of land in the North Island for the purpose of mining for gold for the establishment of special settlements or for the purposes of railway construction It is hereby enacted that it shall be lawful for the Governor to enter into arrangements for such purpose previous to the land passing through the Native Land Court but it shall be necessary that subsequent to such arrangements the land shall be passed through the Native Land Court and a certificate of title of the person entering into such arrangement with the Governor obtained and on such certificate of title being obtained the arrangements entered into shall be as binding on both parties as if made after the order of the Court It shall be lawful for the Governor whenever he shall have determined to enter into negotiations for the purchase of such land to insert a notice in the New Zealand Gazette that it is his intention to enter into such negotiations and after such notice is inserted it shall not be lawful for any one to purchase or acquire from the Native owners any right title or interest or contract for the purchase or acquisition from the Native owners of any right title or interest in the lands specified in such notice unless the notice be cancelled by the Governor provided that no such notice shall have longer operation than for the period of two years.

If the owner of or any party by the said incorporated Act enabled to sell and convey or release any lands proposed to be taken or required for the execution of any railway works or any part thereof authorized by any Act of the General Assembly to be constructed by the Governor or the Minister or any interest in such lands consents or agrees in writing in the form in the Second Schedule hereto or to the effect thereof that such land so proposed to be taken or required for such railway or so much thereof as the Minister shall require for the construction of such railway or any part thereof or any works connected therewith or any approach thereto shall vest in Her Majesty her heirs and successors then if such railway have been then already commenced or be commenced within three years from the signing such consent and the Minister cause a memorial in the form in the Third Schedule hereto or to the effect thereof to be registered in the Registry of Deeds or if such land be subject to “The Land Transfer Act 1870” in the District Land Registry Office defining such land or so much thereof as the Minister shall require for the purposes aforesaid the land so defined shall be vested in the Queen for the purposes of such railway without payment or compensation to such owner or party or any person claiming by from through or under them and such owner and party and persons claiming as aforesaid shall be bound thereby Any such memorial shall be signed by the Minister for Public Works for the time being or by such other person or persons as the Governor from time to time may for any Province or other district of the Colony appoint for that purpose and notification in the New Zealand Gazette of such appointment shall be sufficient evidence of the authority of such person or persons so to sign such memorial.

The consent aforesaid shall be registered within fourteen days from the signing thereof in the Registry of Deeds for the district in which the land is or if the land is subject to “The Land Transfer Act 1870” in the District Land Registry Office under the said Act for the district in which the land is and such consent shall operate as an agreement and bind the said land and such owner or party aforesaid and all persons claiming by from through or under him but if no such memorial aforesaid is registered within three years from the signing of such consent the land referred to therein shall be free and discharged from such consent and agreement.

If the owner of or any party by the said incorporated Act enabled to sell and convey or release any lands which will or may be injuriously affected by the execution of any railway works or any part thereof authorized by any Act of the General Assembly to be constructed by the Governor or the Minister or any interest in such lands consents in writing that such railway works may be constructed without claim for compensation on his part such consent shall be in the form or to the effect set forth in the Fourth Schedule and within fourteen days from the signing thereof shall be registered in the Registry of Deeds for the district within which such lands are or in the District Land Registry Office for the district under “The Land Transfer Act 1870” within which such lands are if such lands have been brought under the said Act then if such railway shall have been then already commenced or be commenced within three years from the signing of such consent then the owners and parties aforesaid and all parties claiming by from through or under them shall be bound by such consent and shall have no claim for compensation by reason of the said lands or any part thereof being injuriously affected by such railway or any works in connection therewith.

Out of the moneys for the time being standing to the credit of the Public Works Account there may be expended under the direction of the Minister in and about the examination and prospecting for coal any sum or sums not exceeding ten thousand pounds.

The Minister may receive applications from the owners or lessees of coal mines or other persons interested therein for advances of money to aid in developing coal mines.

On receiving any such application the Minister shall consider the same and shall obtain the best scientific opinion available as to the value of such coal mine and the practicability of working the same to advantage and on such other matters connected therewith as he thinks fit.

If after investigation the Minister is satisfied that the amount asked or some less amount may with advantage to the public be expended and that such expenditure will lead to the permanent development of the coal mine and that coal may be supplied therefrom at rates profitable to the workers of the mine and suitable to the purposes of consumers he may recommend to the Governor what advances for the purpose or purposes specified ought to be made.

On such recommendation the Governor may authorize such advances to be made out of any moneys standing to the credit of the Public Works Account but there shall be taken to and in the name of the Queen such security for the repayment as in the opinion of the Minister will be sufficient to provide for and secure the repayment of the moneys advanced The moneys so advanced shall be expended under the direction of the Minister on the purposes for which they have been advanced so that the expenditure on such purposes may be secured.

The Minister may receive applications from the owners or lessees of works for the supply of water on Gold Fields for mining and other purposes or from other persons interested in such works about to be constructed for advances of money to aid in the construction extension or improvement of such works.

The Minister may make regulations prescribing the mode of making and the form of such application and for proceeding on such application and on receiving any such application the Minister shall consider the same and shall obtain the report of the Chief Engineer or Assistant Engineer and the best opinions available as to the value of such works and other matters relating thereto so as to enable him to form an opinion whether it would be for the public advantage that such advance should be made and whether sufficient security can be given for the advance.

If after investigation the Minister is satisfied that the amount asked or some less amount may with advantage to the public be advanced he may recommend to the Governor what advance not exceeding one-third of the estimated cost of the works to be constructed ought to be made and what security should be taken for the repayment thereof.

On such recommendation the Governor may authorize such advance to be made out of the moneys standing to the credit of the Public Works Account available for the Gold Fields waterworks and there shall be taken to and in the name of the Queen such security as in the opinion of the Minister will be sufficient to provide and secure the repayment thereof together with interest at such rate as the Governor shall fix and the advance shall be made in different amounts from time to time on the certificate of some officer appointed by the Minister that the work is properly proceeding.

Out of any moneys for the time being standing to the credit of the Public Works Account on account of immigration there may be issued and applied any sums not exceeding the sum of twenty-one thousand pounds in recouping to the Province of Canterbury a sum not exceeding seven thousand four hundred pounds and the Province of Otago a sum not exceeding eleven thousand eight hundred pounds and the Province of Hawke’s Bay a sum not exceeding one thousand eight hundred pounds being money expended by such Provinces respectively in and about the introduction of immigrants since the twelfth day of September one thousand eight hundred and seventy.

Out of any moneys for the time being standing to the credit of the Public Works Account on account of immigration there may be issued and applied for defraying the costs incurred in and about the introduction of and settlement of immigrants under the said Act and this Act during the two years commencing on the first day of January one thousand eight hundred and seventy-two any sum or sums not exceeding two hundred thousand pounds.

So much of the thirty-ninth and forty-first sections of the said Act as provide that any acts matters or things are to or may be done by the Governor at the request of the Superintendent of a Province is hereby repealed and it is hereby enacted that the Governor may exercise all the powers and do and perform all the acts matters and things in the said sections mentioned without any request from any Superintendent of any Province or any other person or authority.

So much of the fortieth section of the said Act as provides that no action is to be taken under the regulations made under the said section until such regulations have been laid before Parliament is hereby repealed and in lieu thereof it is enacted that any regulations made under the said section shall be laid before both Houses of the General Assembly within twenty-one days after the making thereof if the General Assembly be then in Session if not then within twenty-one days after the commencement of the then next Session of the General Assembly.

The forty-fourth section of the said Act is hereby repealed and shall be deemed to have been repealed on the passing of the said Act and the said Act shall be construed and read as if the enactments contained in the said section had never been passed and the costs charges and expenses heretofore incurred or to be incurred in and about the introduction of immigrants and otherwise under the Fifth Part of the said Act or this Part of this Act shall not be charged against the Provinces or the County of Westland.

All sums paid by or recovered from immigrants or others as part payments of the cost of the passages of such immigrants or otherwise shall be paid into the Public Works Account-Immigration Account which by the said Act it is provided shall be kept.

Notwithstanding anything to the contrary contained in the twentieth section of the said Act all such Waste Lands as are within the several classes following may be dealt with under the thirty-ninth fortieth and forty-first sections of the said Act as amended by this Act for the purposes of Immigration that is to say—

All such Waste Lands as have been or shall be set apart under the said twentieth section of the said Act.

All Waste Lands within any Province taken or set apart under this Act or any other Act of the General Assembly for the purpose of providing moneys to pay the expenses of constructing any railways in the Province in which such lands are or to repay to the Colony moneys expended in or about such construction or for other similar purposes connected with or arising out of the construction or maintenance under the said Act or this Act or any other Act of the General Assembly of railways within such Province.

Provided however that notwithstanding anything to the contrary contained in the twentieth section of the said Act unless and until such regulations be made such lands may be occupied sold and disposed of according to the law in force in the Province in which such lands are for the sale of Waste Land of the Crown and if such regulations be made then in accordance with such law except so far as the same may be inconsistent with such regulations but the proceeds of all such lands under whatever law or regulations dealt with shall not be paid into the Land Fund but into the Public Works Account.

In any Province in which there are not at any time in the opinion of the Governor Waste Lands of the Crown set apart or taken under the provisions of this or any other Act for the purpose of furnishing means for defraying the costs of railways or other like purposes connected with railways sufficient in quantity and suitable in quality and situation for settling immigrants the Governor on the recommendation of the Minister may from time to time by Proclamation published in the New Zealand Gazette reserve and set apart any Waste Lands of the Crown within such Province for the purposes of immigration and to be dealt with under this Act.

If any of the Waste Lands of the Crown so set apart are subject to any lease or license for pastoral purposes and the interests of the tenant licensee or other person holding or occupying such lands are such that they cannot lawfully be determined or that such lands cannot be thrown open for sale or be selected by a purchaser or be sold without the leave of such tenant licensee or other person or without making him compensation the Minister shall refer the question of the amount of compensation if any to be paid to such tenant licensee or other person for the surrender of his rights and interests in and title to such lands to be ascertained in the same manner as provided in this Act in the case of lands to be taken for the purposes of a railway and the moneys so awarded to be paid shall be paid by the Colonial Treasurer out of the money by this Act authorized to be applied to the introduction and settlement of immigrants.

In respect of all lands taken under the sixty-first section of this Act and occupied by immigrants introduced under the provisions of the said Act and this Act there shall be paid by the Governor out of the Public Works Account into the Land Fund of the Province in which such lands are such an amount as would have been paid to such fund if the lands had been sold to an ordinary purchaser at the upset price after allowing as a deduction all moneys paid for compensation whether under agreement or award to the licensee lessee or occupant of such land Provided that if at the end of two years the whole of any block of land set apart shall not be occupied by immigrants the balance unoccupied shall either be paid for or restored to the Province.

If any Provincial liabilities of the Province to the Land Fund of which any such sum would under the last section be payable have under “The Consolidated Loan Act 1867” or any other Act have become and are a charge on the Colony then instead of paying the sums in the said section mentioned into the Land Fund of such Province the Province shall be discharged of its liability to the Colony in respect of such an amount of its liability to the Colony as the Governor on the recommendation of the Minister shall determine to be equivalent to the sums which would otherwise be payable into the Land Fund of such Province and thereafter no charge shall be made by the Colonial Treasurer against the revenues of the Province in respect of such liabilities.

All lands taken under this Act shall be subject to any regulations made under the thirty-ninth fortieth or forty-first sections of the said Act as amended by this Act and the Governor may from time to time on the recommendation of the said Minister make regulations for the sale occupation and disposal of the said lands and all such lands as specified in the sixtieth section of this Act and such regulations may provide specially for the occupation of any of such lands by and for the sale or disposal thereof to immigrants introduced under the provisions of the said Act and this Act or otherwise and prescribe the terms and conditions upon which such lands may be so occupied sold or disposed of and the mode of allotment and may provide for the occupation and disposal of such lands without payment or for the sale of such lands upon payment either present or deferred and prescribe the mode or order of allotment of or application for such lands the size or acreage of the sections into which the lands shall be divided and the regulations shall if any part of the land is intended to be laid off as town or suburban lands prescribe for the laying off of such lands into town suburban and rural sections Provided however that notwithstanding anything to the contrary contained in the twentieth section of the said Act unless and until such Regulations be made such lands may be occupied sold and disposed of according to the law in force in the Province in which such lands are for the sale of Waste Lands of the Crown and if such Regulations be made then in accordance with such law except so far as the same may be inconsistent with such Regulations but the proceeds of all such lands shall not be paid into the Land Fund but into the Public Works Account.

The money to arise from the sale and disposal of any of such lands as shall be taken for immigration purposes whether sold under any such Regulations as aforesaid or otherwise shall be paid to the Public Works Account.

The ninety-seventh and all the subsequent clauses of “The Immigration and Public Works Act 1870” are hereby repealed.