Reference: Appendices to the Journal of the House of Representatives 1869 Section C1 page 83
Minute of Executive Council, referred to by Mr Dick
Some time ago it came under the consideration of the Executive, that whatever general principle was laid down, there would still necessarily be some amount of arrangement with many of the runholders prior to the issue of fresh leases, and that as the Act summarily limits the action to be taken to six months, it was necessary to proceed as early as possible with the consideration of all applications sent in. Acting on this determination, the Executive, on the 18th January 1867, passed the following resolution:- "Resolved to recommend the Waste Land Board to grant leases over all Runs, excluding such land as will be required for Agricultural Leases within Goldfields, and also blocks which the Government may require the consent of the licensee to sell without declaring them into Hundreds".
Subsequently from time to time as applications were sent in from the Waste Land Board, each case was taken separately into consideration, and decided under three heads.The first head comprised the Runs, leases of which it was agreed should be granted, and that information should be sent to the Waste Land Board to the effect that the Superintendent had decided not to exercise his power to refuse.
Under the second head came the Runs upon which, after reference to Mr Pyke, it was considered blocks would be required for Agricultural Lease purposes. In regard to these, it was determined that either the blocks required should be reserved from the Renewed Leases, or that the runholders should enter into a covenant to the effect that whenever such blocks were taken under the powers conferred by the Goldfields Act, the compensation claimed should be only on account of the unexpired term of the Agricultural license, and that all claims to compensation on account of the extra ten years tenure should be relinquished.
The third head comprised the Runs upon which it was thought land would be required from time to time for sale. It was resolved to grant leases of these conditionally, on the runholder consenting, under Clause 82 of the Land Act, to the Superintendent disposing of land without compensation - the area for which such consent should be given to be in proportion to the extent of the country for which leases were asked, but in no case should the runholder be required to give consent to the sale of a larger quantity than 15,000 acres; such consent on the part of the runholder in no case to be held as an
abridgement of the powers of the Superintendent under the Land Act.
In regard to the Runs coming under heads two and three, the Provincial Solicitor was instructed to prepare deeds embodying the terms set forth, and upon the execution of which by the runholder, the Waste Lands Board, would be at liberty to issue licenses. The following is the list of runholders referred to in the foregoing Minute with the decision of the Government in each case:
|No. of Run||Name of Licensee||Remarks||20||Gellibrand and Smith||Granted
||35||F. S. Pillans||Granted
||36||J. P. Maitland||Granted
||52B||John Low||Granted under head 3, to allow 10,000 acres to be sold
||57||A. J. Smyth||Granted
||76||A. J. Jones||Granted
||88||J. R. Menzies||Granted
||121A||W. and P. Gellibrand||Granted
||170||Rutherford and Grant||Granted
||199||Cargill and Anderson||Granted under head 2; Agricultural Lease 5,000 acres
||215||Chalmers Brothers||Granted under head 2; Agricultural Lease, 5,000 acres
||218||Gellibrand and Smith||Granted
||222||H. S. and W. Chapman||Granted
||243||Wilkin and Thomson||Granted under head 2; Agricultural Lease, 5000 acres
||340||Wilkin and Thomson||Granted
||369||Cargill and Anderson||Granted under head 2; Agricultural Lease, 5,000 acres