PUBLIC RECORD OFFICE
Reference :-
C.O. 885
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE
BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Short title.
Annual sum
of 10,000l. for
8
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:-
1. The Short Title of this Act shall be "The New Zealand Forests Act, 1874."
2. Out of the Consolidated Fund the Colonial Treasurer shall pay to the Special 30 years to be Fund, to the credit of an account to be called "The State Forests Account," on the paid quarterly first day of January one thousand eight hundred and seventy-five, two thousand five hundred pounds, and thenceforth a like sum on the first day of April, the first day of dated Fund to the Special July, the first day of October, and the first day of January in every year up to and Fund, to an account to be including the first day of October one thousand nine hundred and four.
out of Consoli-
kept there and
called "The State Forests
Account."
All receipts from State Forests to be paid to said
account.
Moneys at State Foresta Account, on what to be expended.
One of the Responsible
of State. Forests.
All receipts arising from State Forests hereafter defined shall be paid to the State Forests Account.
The laws relating to the issue of public moneys shall be applicable to the said Account.
3. In accordance with the appropriation of the General Assembly, money to the credit of the State Forests Account may be expended in and about the management of State Forests, including planting, the construction of roads and bridges within or for the purpose of access to such forests, the payment of moneys in the nature of rents for lands acquired for State Forests, the purchase of lands for State Forests, the education in the science of forestry of persons employed or to be employed in the management of such forests, the establishment of schools and colleges for teaching forestry, the establishment of nurseries for trees, and for generally giving effect to the intentions of this Act to create, improve, and extend State Forests.
4. Such one of the Responsible Ministers of the Crown in New Zealand as the Governor Ministers to be shall from time to time determine shall be appointed and be called "the Commissioner Commissioner of State Forests ;" any other of such Ministers may act for such Minister. Herein-after such Minister, and the Minister for the time being acting for him, is referred to as "the Commissioner." Conservator of 5. There shall be a Conservator of State Forests, who shall from time to time be appointed and removable by the Governor. An engagement may be made with any person so appointed for four years from the time of such appointment, at a salary to be fixed by the Governor at or previously to such appointment. After the expiration of such period of four years, the salary of the Conservator of Forests shall be subject to the annual appropriation of the General Assembly.
Forests, and salary.
Assistant
and salaries.
There shall be two Assistant Couservators, who shall from time to time be appointed Conservators, and removable by the Governor. An engagement may be made with the persons appointed to be such Assistant Conservators for three years from the time of such appointment, at such salaries respectively as the Governor may before or at the time of such appointment fix, not exceeding in each case the annual salary of four hundred pounds. After the expiration of the said period of three years, the salary of such Assistant Conservators shall be subject to the annual appropriation of the General Assembly.
Other officers.
Definition of State Forests.
Agreements for cancella-
tion of pastoral
leases.
Rents to go to
State Forests Account.
If no agree- ment, lease not
to be affected.
Leases, &c., of
State Forests may be
The salaries of all other officers engaged in or about the administration of this Act shall be subject to the appropriation of the General Assembly. The salaries of the Conservators, Assistant Conservators, and other officers engaged in or about the administration of this Act shall be paid out of the State Forests Account.
6. The State Forests shall consist of such lands as the General Assembly shall here- after from time to time determine, and of such lands within any province as the Superin- tendent of any province, on the recommendation of the Provincial Council of such province, shall in the meanwhile request the Governor to set apart for the purpose; and the revenues arising from such lands shall be paid to the State Forests Account.
7. If any of the lands so set apart are subject to a pastoral lease or license, the Com- missioner may arrange with the lessee or licensee the terms of the surrender or cancel. lation of such lease or license, and unless such terms are agreed upon, the lands shall continue to be held under such lease or license until the expiration thereof; but all rents, licenses, fees, or other revenues arising from the land in the meanwhile shall be paid to the State Forests Account.
Until the lessee or licensee has entered into an agreement with the Commissioner, he shall be subject to all the conditions and penalties and enjoy all rights and privileges such as he would have been subject to or have enjoyed if the land had not been so set apart.
8. The Governor may in the name of the Queen grant such leases, licenses, or privi- leges of parts or over parts of State Forests as he may think fit; but such leases, licenses,
privileges shall not extend over a period terminating later than the thirty-first day of yond the year December one thousand eight hundred and eighty-four.
granted, not extending be
1884.
or
9
within State
9. The Governor may proclaim towns in State Forests, but any one town shall n01 Town may be exceed two thousand acres, and the land within such towns may be sold, disposed of, or constituted reserved in such manner, and for such purposes, and on such terms as the Governor in Forest. Council may from time to time direct; and such towns may be constituted Municipal Corporations or be subject to lokal government in like manner as other towns in the Province wherein such towns are situated.
venes may be invested.
10. Surplus moneys to the credit of the State Forest Account, which in the opinion of Surplus re- the Governor in Council will not be required for expenditure for at least thirteen months henceforward, may be invested as directed by the Governor in Council for such periods as in his opinion the money may not be required, but in no case shall such period extend beyond the thirty-first day of December one thousand nine hundred and four.
11. The Governor in Council may from time to time make, alter, or repeal such Byelaws. regulations and byelaws as he thinks proper for any of the following purposes ;—
(1.) For regulating the duties of Conservators and Assistant Conservators of Forests, and other officers under this Act, and prescribing what acts or omissions by such officers shall be punishable by penalties as breaches of such regulations or byelaws, and for prescribing and regulating the powers of such officers in and for preventing the cutting, removing, and destruction of timber contrary to the regulations or byelaws under this Act.
(2.) For prescribing the mode and form of application for leases or licenses of, or the grants of privileges in State Forests, and the terms and conditions of such leases, licenses, and grants.
(3.) For the management and administration of the affairs of State Forests under
this Act.
(4.) For regulating the seasons at and mode in which the lessees, licensees, or grantees of privileges may fell trees in such forests, and cut or remove timber or bark therein or therefrom.
(5.) For requiring such lessees, licensees, and grantees to take from all trees cut down
all the timber fit for use.
(6.) For preventing all unnecessary destruction of growing timber in State Forests. (7.) For preventing the danger and spread of fire in State Forests.
(8.) For prohibiting trespassing on State Forests, and for regulating access thereto. (9.) For the protection of roads in State Forests.
(10.) For regulating and authorising the construction, maintenance, and use of tram- ways, railroads, and other roads and ways in State Forests, and for charging rents, tolls, or other dues for the use of tramways, railroads, and other roads and ways in such forests.
(11.) And generally for facilitating and more effectually carrying into execution the Byclaws may
objects of this Act.
apply to State
Forests gene
Any such regulations and byelaws may be made applicable to State Forests under this rally, or to ono Act generally, or to one or more of such forests in particular.
or more in
Penalties may
And the Governor in Council may by any such regulation or byelaw to be made under t this Act impose reasonable penalties, not execeding fifty pounds for any one offence, and the imposed. every such regulation or byelaw shall be so framed as to allow the Justice before whom any such penalty may be sought to be recovered, to order a part only of such penalty to be paid if such Justice shall think fit.
law.
12. Every regulation and byelaw made under this Act shall be published in the "New Proof of bye- Zealand Gazette," and upon such publication shall come into operation and have the force of law as if the provisions thereof were contained in this Act, and the production of a New Zealand Government Gazette or printed paper purporting to be such Gazette, in each case purporting to be printed under the authority of the New Zealand Govern- ment, containing therein printed matter purporting to be a regulation or byclaw made under this Act, shall be sufficient proof thereof.
13. Every lease or license or grant of privilege made under this Act, shall be subject Forfeiture of
to forfeiture for infraction of any one of the conditions to which it is subject; and in lease, &c. such case the Minister shall have the right, without any suit or other proceeding at law or in equity, or compensation to the lessee, licensee, or grantee, to cancel the same, and to make a new lease, license, or disposition of the land, timber, or limits described therein to any other person, at any time during the term of the lease, license, or grant so can- celled: Provided that the Minister, if he see fit, may refrain from enforcing the forfeiture of such lease for nonpayment of rent or other moneys.
14. Any Conservator or other officer appointed under this Act apprehend any unauthorised person found cutting or removing any timber or bark on or prehend offend-
without warrant, from any lands forming part of the State Forests under this Act; and any person so
() 933.
B
may,
Conservators,
&c. may ap
ers without warrant.