Auckland Provincial Government Gazette.

587

land over which the water flows concerning which any Water right as aforesaid is sought, or the land surrounding or contiguous to such water is not the property of the Crown, for the Superintendent, or any person appointed by him, at all reasonable times, to enter upon such lands as aforesaid, and view the state of repairs of all dams, reservoirs, leads, flumes, embankments, or other works constructed under the authority of any such Water right thereupon, and to transmit or deliver to the grantee, or his assigns or agents, or leave at his or their place of abode, a notice in writing of any defect, requiring him or them, within a reasonable time, to be therein prescribed, to repair or make good the same.

(6.) It shall be lawful for the Superintendent, at any time whatsoever during the term of the grant, upon breach of any condition contained in the grant or these regulations to be observed by any grantee, forthwith to determine the said right, for whatever purpose granted, by serving a written notice to that effect, signed by him, upon the grantee, any provision contained in regulation number six to the contrary notwithstanding.

(7.) All notices required by these regulations to be delivered to the grantee or his assigns or agents shall be deemed to be sufficiently served by posting the same on any part of the ground over which the Water right in respect of which such notices may be given shall be or shall have been exercised.

(8.) And any such person as aforesaid, upon the determination by effluxion of time or otherwise of such Water right, or upon his ceasing to exercise such Water right, shall leave all such dams, reservoirs, leads, flumes, embankments, or other works in such state or condition as the Waste Lands Commissioner shall, for the safety of life or property or otherwise in the public interest, require and direct.

(9.) Every such right as aforesaid may be determined by the Superintendent at any time by giving the grantee six months’ notice to that effect, and payment of compensation to be fixed by arbitration.

(10.) The foregoing regulation shall apply with equal force in the case respectively where the water to or over which any right as aforesaid shall be sought lies in or between or adjoining or flows through or over any land possessed by the Crown or any applicant.

(11.) The applicant for any such right shall pay to the Commissioner of Crown Lands, on application, the sum of five (5) pounds to cover the cost of preparing the grant. If the application is not granted, the said sum will be returned to him; but if the application is granted, the said fee will be retained and paid to the Receiver of Land Revenue for the time being, as directed by Section 11 Part II of the Act.

(12.) Every person desirous of obtaining a water right under these regulations shall make written application for the same to the Superintendent, and as soon thereafter as conveniently may be, notice of such application shall be given to every owner or occupier of land affected thereby, and no water right shall be granted until such notice shall have been duly given as aforesaid.

(13.) Every such notice of application shall be given by the applicant in writing, and shall be served upon every owner or occupier as aforesaid personally, or by leaving the same at his last-known place of abode or business.