Aug. 16.] THE NEW ZEALAND GAZETTE. 1523

Licensing Occupation of Foreshore in Whangaroa Harbour.

RANFURLY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of August, 1900.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the licenses hereinafter mentioned under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), the persons named in the first column of the First Schedule hereto (hereinafter called “the licensees”) have applied to the Governor in Council for licenses under the said Act to occupy the parts of the foreshore in Whangaroa Harbour as described in the second column of the First Schedule hereto, and shown on plan marked M.D. 2294, which has been deposited in the office of the Marine Department at Wellington in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” for the purposes specified in the third column of the First Schedule hereto: And whereas the Governor in Council has approved of the purposes for which the said foreshore and land below low-water mark are to be occupied: And whereas it is expedient that licenses should be granted and issued to the licensees under the said Act, for the purposes aforesaid, on the terms and conditions set forth in the Second Schedule hereto:

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 licenses are 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 the parts of the foreshore as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining thereon the works described in the third column of the First Schedule hereto; such licenses to be held and enjoyed by the licensees at the annual rentals specified in the fourth column of the First Schedule hereto, and subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.

SECOND SCHEDULE.

CONDITIONS.

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 necessary for the erection of the structures described in the third column of the First Schedule of this Order in Council.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, each pay to the Minister the sum of 10s., and the annual sums specified in the fourth column of the First Schedule of this Order in Council, payable on the 1st day of January, dating from the 1st day of January, 1897.

4. 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 erections without payment.

5. The licensees shall maintain the above-mentioned erections in good order and repair; and, in respect of their respective erections, 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.

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

7. Nothing herein contained shall authorise 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.

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

9. 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, or either of them, 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 licensee in respect of whose rights it is given.

10. The licensees shall be liable for any injury which their erections may cause any vessel or boat to sustain through any default or neglect on their part.

11. In case either of the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy his respective erections for a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,
    then and in either of the said cases every right, power, or privilege granted to him by this Order in Council 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 licensee, and to all persons concerned or interested, that the license, rights, and privileges thereby granted and conferred have been revoked and determined so far as concerns the person in respect of whom the revocation is made.

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