The Short Title of this Act shall be “The Nelson Waste Lands Act 1863 Amendment Act, 1872.”

The forty-first section of “The Nelson Waste Lands Act, 1863,” is hereby repealed, and the provision hereinafter in this section contained shall be substituted in lieu thereof.

In order to enlist private enterprise and capital in the construction of roads bridges railroads tramways harbours and docks, by means of grants of land as payment part payment or consideration for such work, Crown grants of Waste Lands may be made to the person or company contracting to construct such works, subject to the following regulations:—

A contract must have been entered into for the construction of the work with the Superintendent, acting under the authority of an Act of the Provincial Council and with the advice of his Executive Council, which contract shall, if such Act have so provided, contain such terms and conditions as shall be specified in such Act, otherwise such terms and conditions as the Superintendent, with such advice as aforesaid, shall think fit.

The value at which the land is to be taken by the contractor shall be fixed by the Board, but in no case less than five shillings per acre, and as regards land situated in the Grey Valley not less than twenty shillings per acre, before the contract is made.

The land to be granted in full or part payment or consideration (as the case may be) shall be such as is agreed upon between the Superintendent, acting with such advice as aforesaid, and the contractor, and shall be specified in the contract. The value at which such land is to be taken by the contractor shall also be specified in the contract.

The contractor shall give such security for the due fulfilment of the work as the Provincial Council shall determine or the Act authorizing the Superintendent to contract provides; or if the said Act does not specify the security, then the contractor shall give such security as the Superintendent, with such advice as aforesaid, shall think fit.

The land to be granted shall not exceed in quantity three-fourths of the Waste Lands of average quality within two miles next adjoining to such work, or any part thereof; or in case of a work made wholly or in part through other than Crown Lands, then the grant shall be of such other Waste Lands of equal extent and of average quality in some other locality to be benefited by such work. No lands known to be auriferous or to contain valuable minerals shall be included in any contract made under this Act.

Upon the contract being entered into, the land shall be reserved from sale by the Board.

Upon the due completion of the work being certified to the Board by the Superintendent, by writing under his hand, the contractor shall be entitled to a Crown grant of the land reserved.

Not more than ten thousand acres in any one year shall be contracted to be granted as payment or part payment of works under the preceding section.

Notwithstanding anything to the contrary contained in “The Nelson Waste Lands Act, 1863,” whenever any lands shall be reserved for a town or village, and be open for sale as town lands, if any of such lands so reserved shall have been within a proclaimed gold field, and at the time of the withdrawal of the same from such gold field such reservation or opening of such land for sale shall have, for a period of two years preceding, been occupied under business license or other lawful authority as a residence or business site, or shall have been so occupied for any less period than two years, and a building, of the value of fifty pounds at least, have been erected on such land by the occupier or some person through whom be claims, then the Board may sell such land to such occupier, without putting up the same to auction, at such price as shall be fixed by the Board, not being less than at the rate of ten pounds for forty perches of land: Provided however that no more than forty perches shall be sold under this provision to any one person within the same town or village.