Dec. 16.] THE NEW ZEALAND GAZETTE. 1603

the manner in which it is proposed to construct such wharf, the place in the said harbour where it is intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work 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: 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 licensees under the said Act, for the purpose 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 licensees 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 licensees to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by them 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 necessary for the erection of such wharf, which are shown on the plan marked M.D. 1274.

2. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of one pound, dating from the thirty-first day of December, one thousand eight hundred and eighty-seven, the first of such yearly payments to be made on a copy of this Order in Council being supplied to the licensees, and thereafter such annual payments to be made on the thirty-first day of December.

3. The licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at their own cost, suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

4. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the licensees a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. That nothing herein contained shall authorize the licensees to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioner of Trade and Customs, or with any provisions of “The Harbours Act, 1878,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

6. That the ballast of all vessels loading at the said wharf shall be taken away by the licensees and deposited above high-water mark, or at such place as may be approved of by the Minister or by any person appointed by the Minister for that purpose.

7. 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

8. That the said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensees six calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensees.

9. The licensees shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

10. In case the licensees shall—
    (1.) Commit or suffer a breach of the conditions herein-before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf;
    (3.) Fail to pay the sums specified in clause two of these conditions; or
    (4.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,
    then and in either 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 licensees 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 licensees, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

11. 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.

Conditions for Netting Trout in the Lakes in the North Canterbury Acclimatisation Society District.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourteenth day of December, 1886.

Present:

His Excellency the Governor in Council.

IN pursuance of the powers and authorities conferred by “The Salmon and Trout Act, 1867,” “The Salmon and Trout Act 1867 Amendment Act, 1884,” and “The Fisheries Conservation Act, 1884,” I, William Francis Drummond Jervois, the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, do hereby make the following regulations for that part of the Provincial District of Canterbury to the north of the Rangitata River and in the waters thereof.

REGULATIONS.

1. UNTIL otherwise ordered by His Excellency the Governor, the North Canterbury Acclimatisation Society shall have the control and management of all salmon and trout now or hereafter to be placed in the lakes in the North Canterbury District, and for this purpose may divide the lakes in the said district into suitable areas. The right of fishing such areas to be let by the said society from year to year by auction, tender, or otherwise, as may be deemed best for propagation, culture, and conservation of such salmon and trout and the prevention of poaching.

2. The season for netting shall extend from the date of the publication of these regulations in the New Zealand Gazette to the fifteenth day of April, one thousand eight hundred and eighty-seven.

3. No nets of a smaller mesh than three and a half inches in diameter (when the net is wetted) shall be used in any portion of the said district for the taking of trout, and all trout caught by net not larger than twelve inches in length shall be forthwith returned to the water.

4. No nets for the taking of fish of any kind or description whatever shall be used or set or placed in any of the rivers or streams or creeks within the said district, or within one mile of the mouth of any river, stream, or creek within the said district.

5. No person shall be permitted to use a net for the purpose of fishing in any of the lakes aforesaid unless he holds a valid license so to net from the Secretary of the said North Canterbury Acclimatisation Society. A fee of one pound each will be charged for such licenses.

6. Notwithstanding anything whatever contained in the regulations for trout-fishing in North Canterbury, published in the New Zealand Gazette of the twenty-eighth day of October, one thousand eight hundred and eighty-six, it shall be lawful for the Secretary of the Acclimatisation Society, at Christchurch, to issue licenses to persons to sell lake trout, and it shall also be lawful for persons to purchase such trout; and the right of such sale shall be let by the said society from year to year by auction, tender, or otherwise, as may be deemed most expedient.

7. Every person licensed by the society to catch or sell lake trout shall have a brand approved of by the Secretary of the society, and shall brand every trout caught by him as soon as caught, and before selling or in any way disposing of the same.