The Short Title of this Act shall be “The Public Reserves Act Amendment Act, 1878.”

Sections four, five, twelve, thirteen, and fourteen of “The Public Reserves Act, 1877” (hereinafter called “the said Act”), are hereby repealed.

The provisions hereinafter contained shall be and be deemed to have been in operation as on and from the day the said Act came into operation.

For the purposes of the said Act and this Act, and of Part VII. of “The Land Act, 1877,” the following words and expressions shall have the meanings hereby assigned, except there is something in the context repugnant thereto:—

All public reserves within the colony shall be divided into the classes named in Parts I., II., and III. of the Schedule hereto respectively.

In the case of any public reserve set apart for any of the purposes named in Part I. of the Schedule hereto, whether the same be now vested in Her Majesty or the Governor, or be set apart under the one hundred and forty-fourth section of “The Land Act, 1877,” and whether the same be granted or not, the Governor may, by Order in Council published in the Gazette, do any of the following things:—

In the case of any public reserve now vested in Her Majesty or the Governor, whether the same be granted or not, such reserve not being for one of the purposes named in Part I. of the Schedule hereto, if there shall, in the opinion of the Governor, be any doubt or uncertainty as to the purpose for which such reserve was set apart, and if he shall deem it expedient to remove such doubt or uncertainty and to define the purpose or purposes for which such reserve shall be dedicated, the Governor may, by notice published in the Gazette, declare his intention to define such purpose or purposes as to either the whole or any part of such reserve, and to declare that such reserve or part thereof shall, from and after a date to be named in such notice, be deemed to be dedicated to such purpose or purposes, as the case may be.

In the case of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes named in Part II. of the Schedule hereto, whether the same be granted or not, and in the case of any reserve made under the authority of section one hundred and forty-four of “The Land Act, 1877:” if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserve or any part thereof, from the purpose or presumed purpose for which it was set apart, to any other purpose; or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more of the purposes named in the said Part II.:

The Governor may, by notice published in the Gazette, declare his intention to make such change, exchange, or dedication, as the case may be, and, in such notice, declare the manner and terms in which the same is intended to be so made.

Every notice by the Governor under sections seven and eight of this Act shall be published in the Gazette for four consecutive weeks, and shall be laid before both Houses of Assembly within ten days of the first publication thereof, if Parliament be then sitting, and, if not, within ten days after the beginning of the then ensuing session.

For the purpose of giving full effect to any Order in Council as hereinbefore provided, the Governor may issue such grants, and execute such deeds, assurances, and instruments, as the circumstances of each case may require, and may antevest the legal estate as he may think necessary or advisable; and any instrument signed by the Governor, and purporting to change, exchange, or dedicate any reserve, or part thereof, in pursuance of any such Order in Council, shall be conclusive evidence that all provisions relating to such changing, exchanging, or dedication have been complied with, and that such change, exchange, or dedication is duly and lawfully made.

No change shall be made in the dedication of any public reserve made or set apart for any of the purposes named in Part III. of the Schedule hereto, except by special Act of the General Assembly in that behalf; and any provision in any Act inconsistent with this section and the five last foregoing sections of this Act is hereby repealed.

Every Crown grant of a public reserve which has been or hereafter shall be issued or made may be registered under the provisions of “The Land Transfer Act, 1870,” notwithstanding that the trusts of such reserve are expressed or referred to in the Crown grant; and every such Crown grant already registered under “The Land Transfer Act, 1870,” shall, notwithstanding such expressions of trust, be deemed duly registered.

Whenever any grant registered under “The Land Transfer Act, 1870,” does not contain or have expressed therein the trusts of such reserve, and the trusts to which such reserve is to be dedicated shall have been declared by any Order in Council, as hereinbefore - provided, the Governor may, by notice in writing, direct the District Land Registrar to indorse on the folium of the register-book constituted by such grant, and on the duplicate thereof, if produced to him for that purpose, a memorial of the trusts of such reserve as expressed in such notice, and the trusts so indorsed shall be deemed the trusts of such reserve, and such trusts shall be deemed as valid and effectual as if set forth in the grant itself.

Every grantee or other person in whom any public reserve has been or hereafter shall be granted or vested as aforesaid shall, notwithstanding registration under “The Land Transfer Act, 1870,” hold such public reserve unto him, and his heirs, successors, and assigns, upon the trusts expressed or referred to in the grant or indorsed thereon.

If such trusts shall, after registration of the grant, be legally changed, revoked, or altered, the District Land Registrar shall, upon being satisfied thereof, enter in the register-book, and also upon the duplicate Crown grant, if the same can be obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, and the authority whereby such change, revocation, or alteration has been effected, and the day and hour of such entry in the register-book; and from and after such entry the land the subject thereof shall be discharged from the original trusts, or such of them as shall have been changed, revoked, or altered, and shall be held by the grantees, their heirs, successors, or assigns, upon the substituted trusts (if any) as if such trusts had been originally expressed in the grant.

The Commissioner of Crown Lands for the land district within which any public reserve not granted to or vested in any governing body, trustees, or other persons is situate, shall have and exercise over such public reserve all the powers, duties, and functions which such Commissioner has over Crown lands; and, in addition, the following provisions shall be in force:—

When any person without right, title, or license is in occupation of such public reserve as aforesaid, the Commissioner aforesaid, or any person appointed by him, may enter a plaint in the Resident Magistrate’s Court of the district in which the reserve or any part lies, to recover possession. If on the hearing the defendant does not appear, or appears but fails to establish in himself an absolute right and title to the possession, the Court may order him to give up possession and to pay costs. If possession be not given pursuant to such order, the Resident Magistrate, or any Justice of the Peace, may issue a warrant requiring the bailiff of the Court, or any constable, to give possession of such land to the plaintiff. The provisions of sections ninety-one, ninety-two, ninety-three, and ninety-five of “The Resident Magistrates Act, 1867,” shall apply to any proceedings under this subsection.

Any person who without right, title, or license allows any cattle, horses, or other animals to trespass upon any such public reserve as aforesaid, or who without right, title, or license shall fell, remove, or sell any timber growing or being thereon, or otherwise unlawfully trespasses on such public reserve, shall be liable to a penalty not exceeding fifty pounds, recoverable in a summary way. No person shall be convicted under this subsection except on the information of the Commissioner aforesaid, or any person appointed in writing by him.