Land Act Amendment Act 1904 (WA)

WESTERN AUSTRALIA.

ANNO QUARTO

EDWAR,DI SEPTIMI REGIS,

XXX1II.

********************************************************

No. 58 of 1904.

AN ACT to further amend the Land Act,

1898.

[Assented to 24th December, 1904.]

-DE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council

and Legislative Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the same, as

follows:—

1, This Act may be cited as the Land Act Amendment Act, Short title.

1904, and shall be read as one with the Land Act, 1898, hereinafter referred to as the principal Act, and shall come into operation on a day to be fixed by proclamation.

2. The Governor may appoint an Inspector General of Forests

Inspector General

of Forests and

and such other officers as may be required for the purposes of this	officers.
Act, who shall hold their respective offices during the pleasure of the Crown, and receive such salaries as the Governor, with the approval of Parliament, thinks fit.

1904, No. 58.] Land Act—Amendment. [4 Fn. VIE

Duties of Inspector 3. The Inspector General of Forests shall, under the Minister, General. be charged with the administration of this Act and Part XI. of the

principal Act, and with the conservation, management, and control

of State forests and timber reserves.

Advisory Board 4. The Governor may appoint three persons as an Advisory

Board, and may, from time to time, cancel and revoke such appoint- ments, and fill up vacancies in the Board.

Duties of Advisory 5. The duties of the Advisory Board shall be to advise the

Board. Minister and the Inspector General of Forests upon forest conserva- tion, the management of State forests and timber reserves, and the framing of regulations under this Act.

Remuneration of 6. Each member of the Advisory Board may receive such fees

members.

for attending the meetings of the board as may be prescribed, and

such travelling expenses as he may reasonably incur.

Minutes of	7.	The Advisory Board shall
proceedings and

report. (i.) Keep minutes of their proceedings in such manner and

form as the Governor shall direct ; and

(2.) Make a half-yearly report of their proceedings to the

Minister, who on receipt thereof may forthwith publish

such report, which shall be laid before both Houses of

Parliament.

State forests and 8. The Governor may, from time to time, by proclamation

timber reserves. published in the Government Gazette

(i.) Declare any Crown lands to be a State forest or timber

reserve, within the meaning and for the purposes of this

Act;

(2.) Rescind, amend, or annul, in part or in whole, any any land no longer required for forest or timber pur- poses, Crown land subject generally to the Land Act, 1898, and its amendments. previous proclamation, and declare any cleared land, or

State forests not to 9. No land proclaimed as a State forest shall be alienated or

be alienated. dealt with except as authorised by this Act and the regulations.

No timber leases to	10.	From and after the commencement of this Act no timber
be granted in State

forests. lease shall be granted under the principal Act or its amendments.

Permits may be 11. Subject to this Act and the regulations, the Governor may

granted. grant to persons desirous of erecting saw mills, permits to cut timber

4 EDW. VII.] Land Act—Amendment. [1904, No. 58.

in any State forest or timber reserve, or on any Crown land, upon

the following conditions :—

(1 .) The sole right of cutting timber shall be granted over an area proportional to the horse-power of the mill pro- posed to be erected, on the basis of the provision of ten years' cutting.

(2.) That the railway or tramway connecting such mill with any Government railway shall be located in such man- ner as will, in the opinion of the Minister, upon expert advice, best serve the country requiring an outlet in that vicinity.

(3.) Such other conditions as may be prescribed.

12. Every permit shall be liable to forfeiture in the event

Forfeiture on

breach of conditions.

(a.) of the mill being closed for a period of one month

without the consent of the Governor.

(b.) of any amalgamation or combination with, or transfer of cutting rights to, any other person without the like consent ;

(e.) of any breach or non-observance of any condition or provision therein contained or of the regulations in force for the time being ;

and thereupon the Governor may, without any action or other proceeding, by notice published in the Government Gazette cancel the permit ; and the production of the Government Gazette con- taining a notice as aforesaid shall be conclusive evidence of a cause sufficient to authorise such cancellation, and that all the interest in the grantee and any person claiming under him have been lawfully determined.

13.      The Governor may by regulation prescribe that licenses to Royalty on timber

hew and fell timber for piles, poles, or baulks, shall be granted sub-	felled for piles,	etc.
ject to the payment by the licensee of royalties proportional to the measurement of all piles, poles, and baulks felled or hewn, in addition to or in lieu of the annual fee prescribed by the principal Act.

14.      The Minister may, from time to time, set apart any portion Provisions for

of any State forest or timber reserve for occupation by workmen ladwell/	bour3rs'
and others employed in connection with such forests or reserves, or other persons supplying or ministering to the wants of such work- men, on such terms and conditions as may be prescribed.

15.      The Governor may make regulations for all or any of the Regulations.

following purposes :—

(l.) The general conduct of the business and proceedings of

the Inspector General and the Advisory Board ;

1904, No. 58.1 Land Act—Amendment. [4 EDW. VIE

(2.) The powers and duties of officers ;

(3.) Prescribing the mode and form of applications for

permits and licenses, and the terms and conditions

thereof :

(4.) Regulating the times at and mode in which the privileges

conferred by permits and licenses may be exercised ;

(5.) Prescribing the fees or royalties or the fees and royalties to be paid -under permits and for licenses and by licensees ;

(6.) Authorising, forbidding, and regulating the cutting of timber upon and within Crown lands, State forests, and timber reserves ;

(7.) Preventing all unnecessary injury to or destruction of

growing timber ;

Requiring grantees of permits and licensees to take from (yip Protecting from cutting or injuring trees of any specially- named kind, or below a standard size, and all seedlings and saplings;

(8.) all trees cut down all the timber fit for use ;

(to.) For the planting of trees and the renewal of forests;

(ii.) For the prevention of fires and the spread of fire in

forests;

(i 2.) Prohibiting trespassing in State forests and timber reserves,

and regulating access thereto ;

(13.) For the protection of roads in State forests and timber

reserves;

(14.)	Regulating and aut horising the construction, maintenance,
and use of railways, tramways, roads, and ways.

(i5.) And, generally, for facilitating and more effectually carrying into execution the objects of Part XI. of the principal Act and of this ct.

Regulations may 16. Any regulations for the time being in force may be made

apply generally el' applicable generally or to any part or parts of the lands under the

control of the Inspector General.

Penalties. 17. Every regulation-

( I .) May impose a penalty not exceeding one hundred pounds

for the breach thereof ; and

( 2 .)

May provide that, in addition to the penalty, any expense

incurred in consequence of the breach of such regula-

tions shall be paid by the person committing such breach.

4 EDW. VII.] Land Act—Amendment [1904, No. 58.

18.      Every regulation shall, upon approval by the Governor Publication of

and publication in the Government Gazette, have the force of law, regulations.

and shall be laid before both Houses of Parliament within fourteen

days after publication, if Parliament is then in session, and, if not,

then within fourteen days after the commencement of the next

ensuing session.

19.      Any officer of the Department of Lands and Surveys may, Power to arrest

without warrant, apprehend any person found committing any breach tresPassers'

of this Act or the regulations thereunder, and any person so appre-

hended shall be taken as soon as reasonably may be before justices

of the peace to be dealt with according to law.

20.       This Act shall only remain in force until the first day of Duration of Act.

January, One thousand nine hundred and six.

By Authority Wm, ALFRED WATSON, Government Printer, Perth.