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Grey River Coal Field Reserve Ordinance 1867

16. The Grey River Coal Field Reserve Ordinance 1867.

Analysis. Preamble.

1. Power to Superintendent to lease said land.

2. Conditions of lease.

3. Covenant may be made for sale of land under restriction.

4. Title.

Whereas by the Regulation for the disposal sale letting and occupation of the Waste Lands of the Crown in the Province of Canterbury it is (amongst other things) declared that Reserves for the uses of the Provincial Government and for other public purposes may upon the recommendation of the Provincial Council

be made by the Superintendent and shall not be alienated from the specific purposes to which they shall have been severally dedicated except under the provisions of an Act of the General Assembly entituled “The Public Reserves Act,

1854” and a full and complete description of every such Reserve and of the purposes to which it shall have been dedicated shall as soon as possible after it shall have been made be published in the Government Gazette of the Province and set forth on the authenticated maps in the Land Office Provided that the Superintendent may if the Provincial Council be not then sitting temporarily reserve land for such purposes until the next Session of such Council And whereas by a Proclmation dated the 30th day of April 1863 the Superintendent of the said Province of Canterbury did temporarily reserve a certain tract of land particularly described in the Schedule to this Act for the following public purpose that is to say for the purpose by means of the revenue to be derived from the letting sale or other disposition of the said lands for mining purposes to provide a fund for the improvement of the navigation of the River Grey And whereras the Provincial Council of the said Province was not at the time of the said Proclamation in session And whereas at the next session of the said Council the said Council did recommend the said reserve to be made according to the terms of the said Proclamation Whereas by an Act of the General Assembly of New Zealand entituled “The Public Reserves Act 1854” it was amongst other things enacted that it should be lawful for the Governor of New Zealand, with the advice of his Executive Council, at any time and from time to time after the passing of this Act, n the name and on behalf of Her Majesty, to grant to the Superintendent of each Province in New Zealand, and his successors all such estate and interest as Her Majesty now hath or may have in all or any of the lands within such Province forming part of the demesne lands of the Crown which had been at any time theretofore and then were or might thereafter be reserved or set apart for purposes of public utility within such Province, except as therein mentioned And whereas in pursuance of the powers conferred by the above recited Act of the General Assembly the said land hath been granted by His Excellency the Governor to Samuel Bealey Esquire the Superintendent of the said Province

upon trust for the public service of the said Province for the purposes aforesaid And whereas it is expedient that powers should be given to the Superintendent of the said Province to demise the said lands in manner and upon the terms and conditions hereinafter mentioned.

Be it therefore enacted by the Superintendent of the said Province with the advice and consent of the Provincial Council thereof as follows:

1. Power to Superintendent to lease said land.

It shall be lawful for the Superintendent for the time being of the said Province with the advice and consent of the Executive Council thereof from time to time to demise and lease the aforesaid section of land as the same is described in the Schedule to this Ordinance or any part thereof with or without the impeachment of waste for any term of years not exceeding forty-two years in possession to be

computed from the date of the said lease at such yearly or other rent or rents and subject to the payment of such royalties on any minerals to be gotten out of the said parcel of land and to such covenants and conditions as the said Superintendent with the advice and consent of the Executive Council of the said Province shall think fit and expedient.

2. Conditions of lease.

The said Lease shall contain a clause making it compulsory on the Lessees to commence working the said Coal Measures within six months after the execution of such lease and that they shall during the first eighteen months of the said term bring down to Greymouth not less than five thousand tons of coal by rail or tramway.

3. Covenant may be made for sale of land under restriction.

It shall be lawful for the said Superintendent with such advice and consent as aforesaid to enter into a covenant in the said deed of lease for the sale to the lessee or lessees at any time after the expiration of the first seven years of the term toi be thereby granted and during the continuance of the remainder of the said term for an estate of inheritance in fee simple in possession of any part or parts or the said allotment or section of land to be from time to time selected by the said lessee or lessees such parts to be not more in the whole than one hundred and twenty-five acres to be selected in five twenty-five acre blocks no one block to join another at the price of Two Pounds sterling per acre and upon the lessees paying to the said Superintendent the purchase money at the rate aforesaid for the portions for the time being selected as aforesaid to convey and assure unto the said lessees the portions of the said land so from time to time selected by them as aforesaid.

4. Title.

This Ordinance shall be entituled and cited as “The Grey River Coal Field

Reserve Ordinance 1867. Schedule.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on the 10th of

July 1867, and assented to by the Superintendent, W.S. Moorhouse, on 11th July

1867.