This Act may be cited as the Westland and Nelson Coalfields Administration Amendment Act, 1926, and shall be read together with and deemed part of the Westland and Nelson Coalfields Administration Act, 1877 (hereinafter referred to as the principal Act).

The beneficial owner for the time being of a lease under the principal Act of any land situated within the Westport Colliery Reserve may apply to the Land Board of the Nelson Land District for authority to surrender his lease, and for the grant in lieu thereof of a new lease in accordance with the provisions of this Act.

The Land Board, on being satisfied that the rights and interests of the Crown will not be prejudicially affected by the granting of a new lease as provided for herein, may, with the approval of the Minister of Lands, accept the surrender of any existing lease as aforesaid, and may in lieu thereof grant a new lease for the unexpired portion of the term of the surrendered lease in accordance with the provisions of paragraph (g) of section five of the Public Bodies’ Leases Act, 1908. The new lease so granted shall provide for an annual rental equal to the annual rental payable under the surrendered lease, but otherwise shall be subject to such special conditions, not inconsistent with paragraph (g) of the said section five, as the Land Board may impose.

Any unalienated Crown land situated within the Westport Colliery Reserve may from time to time be offered for lease by the Nelson Land Board by auction in accordance with the provisions of paragraph (g) of section five of the Public Bodies’ Leases Act, 1908, in the same manner as if the said Board were a leasing authority under that Act.

The land comprised in any existing lease the holder of which does not obtain under the foregoing provisions of this Act a new lease of the said land may, on the expiry of the current lease, with the consent of the outgoing lessee, be offered for lease pursuant to the provisions of the last preceding subsection:

Provided that before any such land is offered for lease as aforesaid the Governor-General shall determine whether or not the land is required to be reserved for railway purposes pursuant to the powers in that behalf conferred on him by section six of the Westland and Nelson Coalfields Administration Act 1877 Amendment Act, 1893.

Any unalienated Crown land offered for lease by auction pursuant to subsection one hereof and not disposed of at such auction may, in the discretion of the Land Board, be leased on application at the upset rent and subject to the terms and conditions upon which such land was offered at auction.

A lessee holding a lease under the provisions of this Act shall not assign, sublet, or otherwise deal with his interest therein except by way of mortgage without the prior consent of the Nelson Land Board, and all dealings in contravention of the provisions of this section shall be null and void.

The District Land Registrar or the Registrar of Deeds, as the case may be, shall not register any dealing referred to in the last preceding subsection unless and until he is satisfied that such consent has been obtained.

A fee of ten shillings in addition to any fee payable in respect of registration shall be paid to the Crown in respect of every dealing consented to by the Land Board pursuant to this section.

Except as provided for in section four hereof, the provisions of section six of the Westland and Nelson Coalfields Administration Act 1877 Amendment Act, 1893, shall not apply to the lands comprised in any lease granted pursuant to this Act.

All leases issued pursuant to this Act and all leases that may hereafter be issued pursuant to the principal Act shall be registered under the Land Transfer Act, 1915, and for the purposes of such issue and registration the provisions of section ninety-nine of the Land Act, 1924, shall, with the necessary modifications, apply.

All surveys required in connection with the issue of any such lease or with its registration under the Land Transfer Act, 1915, shall be made under the direction of the Chief Surveyor for the Nelson Land District.

The cost of any such survey, as determined by the Chief Surveyor aforesaid, shall be paid on demand by the lessee.

For the purposes of this Act the Commissioner of Crown Lands for the Nelson Land District may, in the name and on behalf of His Majesty, accept the surrender of any lease issued over any part of the Westport Colliery Reserve, and may execute on behalf of His Majesty all leases issued under the powers conferred by the principal Act or this Act.

Every new lease issued pursuant to this Act shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against the surrendered lease at the date of surrender, and the provisions of paragraph (c) of section ninety-six of the Land Act, 1924, shall, with the necessary modifications, apply thereto.

There shall be paid by the lessee in respect of the issue of any lease referred to in section seven hereof a fee of twenty-one shillings, which shall be deemed to include the cost of registration of such lease under the Land Transfer Act, 1915.

Except as otherwise provided in this Act or the principal Act, all the provisions of the Land Act, 1924, with respect to the issue of leases and the duties and obligations of lessees shall, with the necessary modifications, apply to leases issued under this Act or the principal Act.

The Governor-General may from time to time, by Order in Council, make all such regulations as may be required for the purpose of giving effect to the provisions of this Act.