Aug. 25.] THE NEW ZEALAND GAZETTE. 1367

Licensing the Northern Steamship Company (Limited) to use and occupy a Part of the Foreshore of Cowes Bay, Waiheke Island.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-second day of August, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), the Northern Steamship Company (Limited), of Auckland (hereinafter called “the company”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and of the land below low-water mark of Cowes Bay, Waiheke Island, in the Hauraki Gulf, in order to erect and maintain a wharf thereon, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department at Wellington (marked M.D. 2198), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf: And whereas the Governor in Council has approved of the purpose for which the said foreshore and land below low-water mark is to be occupied: And whereas it is expedient that a license should be granted and issued to the company under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed: And whereas it is desirable to prescribe dues and rates which shall be taken by the company for the use of the said wharf:

Now, therefore, His Excellency 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 of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the object for which the said license is required by the 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 company to use and occupy that part of the foreshore and land below low-water mark on which the wharf is to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the First Schedule hereto. And in pursuance of the power conferred upon him by “The Harbours Act, 1878,” and of all other powers enabling him in that behalf, and with the like advice and consent, His Excellency the Governor of the Colony of New Zealand doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the company for the use of the said wharf.

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FIRST SCHEDULE.

1. 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.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and land below low-water mark occupied by the wharf, as shown on plans marked M.D. 2198.

3. 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 £5, and thereafter an annual sum of £5, payable on the 1st day of August, dating from the 1st day of August, 1898.

4. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

5. Her Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the said wharf without payment.

6. The company shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at its 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.

7. Any person authorised 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 registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring it within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the company 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the company 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.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the date hereof, 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.

11. 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 company 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 registered office of the company in New Zealand.

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

13. 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 wharf for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,

then and in any of the said cases this Order in Council, and every license, 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

14. The erection of the wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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SECOND SCHEDULE.

SHIPPING WHARFAGE.

EVERY person who shall use this wharf with any vessel shall pay for the use thereof as follows, that is to say:—
For every vessel a sum of 1d. per ton on the gross tonnage of such vessel per day for each day or part of a day a vessel shall occupy a berth alongside any vessel laying at the said wharf, or shall lay at the said wharf undergoing repairs or fitting out only, or shall lay off the said wharf with a line attached thereto.

GOODS WHARFAGE.

Every person who shall use this wharf for landing or shipping any goods shall, before using the same, pay dues as follows, that is to say:—

1. For all goods landed on this wharf, a rate of 2s. 6d. per ton weight or measurement, at the option of the company.
2. For every head of cattle or horses landed upon or shipped from the said wharf, 2s. 6d. per head.
3. For every yearling or calf so landed upon or shipped from the said wharf, the sum of 1s. per head.
4. For every head of sheep or small cattle so landed upon or shipped from the said wharf, the sum of 6d. per head.
5. If any ship shall use this wharf for the discharge of any goods or cargo after the usual working hours or on wharf holidays, such ship shall pay to the company for the use of the said wharf a charge at the rate of 1s. per ton on all goods or cargo so discharged from such ship.

This charge will only be made when, in the opinion of the wharfinger, it is necessary to employ labour to stack or remove cargo in sheds in consequence of the discharge of such goods or cargo as aforesaid.

J. F. ANDREWS,
Acting-Clerk of the Executive Council.