Forest Trees Planting Encouragement Act Amendment Act 1872
Forest Trees Planting Encouragement Act Amendment Act 1872
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Forest Trees Planting Encouragement Act Amendment Act 1872
Forest Trees Planting Encouragement Act Amendment Act 1872
Public Act |
1872 No 49 |
|
Date of assent |
21 October 1872 |
|
Contents
An Act to amend “The Forest Trees Planting Encouragement Act, 1871.”
Preamble.
WHEREAS it is expedient to amend “The Forest Trees Planting Encouragement Act, 1871”
(hereinafter referred to as the said Act):
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Forest Trees Planting Encouragement Act Amendment Act, 1872.”
2 Section 3 of Act of 1871 amended.
“The Forest Trees Planting Encouragement Act, 1871,”
shall be construed and read as if the additional proviso following had been originally introduced at the end of the third section of the said Act (that is to say):—Provided also that if root crops are cultivated amongst the forest trees planted on any land, such land shall not, by reason only of such crops being cultivated, be deemed to be not devoted only to purposes of planting.
3 Date of commencement of provisions of Act.
Land may be granted under the provisions of this Act, and of “The Forest Trees Planting Encouragement Act, 1871,”
in respect of any planting effected in the Province of Canterbury in conformity with the terms and conditions of the said Act, subsequently to the twenty-fifth of November, one thousand eight hundred and seventy.
4 In lieu of land, land orders shall be received by persons planting trees.
In lieu of a free grant of two acres of land, any person who, in accordance with the provisions of the said Act as amended by this Act, plants any land not less than an acre in extent with forest trees shall be entitled to receive in respect of every acre so planted a land order in the form in the Schedule hereto, which shall authorize such person to purchase, to such an amount not exceeding four pounds as shall be fixed by the Superintendent and Provincial Council of the Province within which the trees shall have been planted, for every acre so planted, any of the rural land of the Waste Lands of the Crown in the Province within which the trees shall have been planted, open for sale or selection, without payment in cash at auction, or by selection without auction or otherwise, but subject in every other respect to the laws and regulations for the time being in force regulating the sale and disposal of the Waste Lands of the Crown in such Province; and wherever in the said Act reference is made to a free grant of land, the said Act shall be read and construed as if such land order as aforesaid had been mentioned or referred to.
The certificate of the Superintendent of the Province or officer appointed by him, referred to in the said Act, shall not certify the quantity of land for which a free grant is to be made, but shall certify the sum of money for which the land order is to be given; and the Commissioner of Crown Lands for such Province shall, upon production of such certificate, give to the person certified to be entitled such land order as aforesaid.
5 Land order to be exercised within two years.
Every such land order shall be exercised within two years from the date thereof, and if not exercised within such period shall be absolutely null and void, and no renewal thereof shall be granted.
6 Regulations may apply either to Colony or Province.
The regulations which are authorized to be made under the fourth section of the said Act may be made to apply generally throughout the Colony, or may be limited to apply to any one or more of the Provinces; and different regulations may from time to time be made for the several Provinces, upon the recommendation of the Superintendent and Provincial Council of the Province within which such regulations are intended to have force.
Governor in Council may alter Regulations.
The regulations aforesaid may be altered or revoked by the Governor in Council; but such alteration or revocation shall only have a prospective operation, and shall not affect rights of any person who shall before the publication of such alteration or revocation have planted any forest trees in accordance with the regulations altered or revoked.
7 Holder of land order over £100 may exercise the same either wholly or in part as regards parcels of land or time.
It shall be lawful for the holder of the land order, if the sum of money named therein exceed one hundred pounds, but not otherwise, to exercise such right wholly at one time or from time to time (before the expiration of the period aforesaid), and to purchase under such land order land in one parcel or in more parcels than one; and whenever such land order, whatever the amount thereof may be, shall be exercised by the purchase or selection of any such land as aforesaid, the holder of such land order shall at the time when, under the law in force regulating the sale of such lands, be would be bound to pay any deposit or purchase money if such purchase had been made under such law alone and not under this Act, produce such land order to the person to whom such deposit or purchase money would be payable, and such person shall thereupon note by indorsement on such land order the sum of money which would be payable by such holder as such deposit or purchase money as aforesaid, and shall also give to the holder of the land order a receipt or certificate in the like form and to the like effect as such holder would be entitled to receive if he had paid in cash the sum so indorsed; and such receipt or certificate shall have the same force and effect as if the holder of such certificate had paid such sum so indorsed as aforesaid: Provided however that when the land order has been fully exercised, it shall be given up to the Receiver of Land Revenue.
8 Provisions repugnant to this Act repealed.
The provisions of the said Act, so far as inconsistent with or repugnant to this Act, are hereby repealed; and the said Act, as altered and amended by this Act, shall be deemed to have been in force from the passing of the said Act.
Schedule
IN exercise of the powers in me vested by Act, 18 , I hereby authorize of , in the Province of, to purchase to the amount of pounds, any of the land of the Crown in the Province of open for sale or selection, without payment in cash therefor, subject however to the provisions in the Act contained.
Dated the day of , 187 .
Commissioner of Crown Lands for the Province of .
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Versions
Forest Trees Planting Encouragement Act Amendment Act 1872
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