Oct. 25.] THE NEW ZEALAND GAZETTE. 1531

Licensing the Union Steam Saw Moulding, Sash, and Door Company to use and occupy a Part of the Foreshore of the Waikahikatea Creek, Wairoa River.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth day of October, 1883.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by “The Harbours Act Amendment Act, 1883” (hereinafter called the “said Act”), it is, among other things, enacted that, where the foreshore has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one hundred and fifty-sixth section of “The Harbours Act, 1878,” license and permit any part of the foreshore to be used or occupied, inter alia, for the purpose of any local enterprise or object which the Governor in Council may approve: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money to be payable either at stated periods or on or before the granting thereof for the use of the foreshore so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such licenses shall, mutatis mutandis, apply accordingly: And whereas the Union Steam Saw Moulding, Sash, and Door Company (Limited), hereinafter called the “said company,” has applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore, in order to erect and maintain thereon certain booms across the Waikahikatea Creek, on the Wairoa River, in Kaipara Harbour, for the purpose of confining or storing floating timber; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 840), showing the places in the said creek where it is intended to erect such booms, and the area of foreshore or land below low-water mark intended to be occupied for such purposes: And whereas it has been made to appear to the Governor in Council that the proposed works will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council, with certain modifications and additions shown on the said plan, and authenticated by the signature of the Colonial Marine Engineer: And whereas there is no Harbour Board having jurisdiction in the said harbour, and it is expedient that a license should be granted and issued to the said company under the said Act, for the purposes aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the said company as aforesaid; and in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the said company to use and occupy those parts of the foreshore and of the land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boom or booms for confining or storing within limits prescribed by this Order in Council any floating timber of any kind or description whatsoever belonging to or under the control of the said company, such license to be held and enjoyed by the said company upon and subject to the following terms and conditions, that is to say,–

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark between the two booms on the Waikahikatea Creek which are shown on the said plan marked M.D. 840.

2. In consideration of the concessions and privileges granted by this Order in Council the company shall, on being supplied with a copy thereof, pay to the Minister the sum of ten pounds, and thereafter an annual sum of ten pounds, to be paid in two half-yearly instalments on the thirtieth day of June and the thirty-first day of December, the first of such half-yearly payments to be made on the thirtieth day of June next ensuing.

3. A part of each boom, of at least twelve feet, shall be made movable, so as to allow it to be opened when necessary for the passage of vessels and boats.

4. On the master or owner of any vessel or boat notifying to the company, or its agent, manager, or any other person who appears to have the charge or management of the affairs of the company at the Aratapu Saw-mills, that such master or owner desires to take his vessel or boat past the booms, the company shall forthwith provide, free of expense to the vessel or boat, a sufficient number of men to work the movable part of the booms, so that the vessel or boat may pass through without delay.

5. Should it at any time become necessary for the convenience of the traffic on the Waikahikatea Creek that the opening in the booms should be wider than twelve feet, the Minister may, by a notice in writing left at the registered office of the company, or at the said saw-mills, require the company to provide an opening of the width specified in such notice, and the company shall thereupon, with all convenient speed, cause such opening to be made.

6. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

7. That the said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the booms from the Waikahikatea Creek and the bed thereof at their own cost, without payment of any compensation whatever, on giving to the company three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at the registered office of the company, or delivered at the said saw-mills to any person having or appearing to have charge thereof on behalf of the company.

8. The company shall be liable for any injury which may be sustained by any vessel or boat in passing through or between the booms or by contact with them, and which may be occasioned by any default or neglect of the company.

9. In case the company shall—
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
   (2.) Cease to use or occupy the said booms;
   (3.) Fail to pay the sum specified in clause two of these conditions; or
   (4.) Be wound up or dissolved in any manner, or suffer or permit any steps or proceedings to be taken by any person for the purpose of winding up or dissolving the said company;
   then and in any of the said cases this Order in Council and every right, power, or privilege may be revoked and determined by the Governor in Council without any notice to the company or other proceeding whatsoever, and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, and to all persons concerned or interested, that this Order in Council and the rights and privileges thereby conferred have been revoked and determined; and upon such revocation the Minister may cause the said booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the company, its successors or assigns.

10. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

Trustees appointed for West Melton Cemetery.

Wm. F. DRUMMOND JERVOIS,
Governor.

IN pursuance and exercise of the powers and authorities vested in me by the sixth section of “The Cemeteries Act, 1882,” I, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, do hereby appoint