892
THE NEW ZEALAND GAZETTE.
[No. 38

SECOND SCHEDULE.
CONDITIONS.

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 construction of booms as shown on the plans mentioned in the First Schedule of this Order in Council.

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 five pounds, and thereafter the annual sums mentioned in the First Schedule, the first of such annual payments to be made on a copy of this Order in Council being supplied to the company.

3. The company shall cause the said booms to be constructed so as to provide that there shall be no unnecessary delay in allowing the passage of vessels and boats.

4. Should it at any time be made to appear to the Minister that the means of providing proper passage for vessels and boats are insufficient, he may, by a notice in writing left at or posted to the last known address of the company, require it to provide such means as may be specified in such notice; and it shall thereupon, with all convenient speed, cause such means to be provided.

5. 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.

6. 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 or any of them from the rivers mentioned and the beds thereof, at its 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 or posted to the last known address of the company.

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

8. 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, or any of them;
   (3.) Fail to pay the sums specified in clause two of these conditions; or
   (4.) be in any manner wound up or dissolved,
   then and in any of the said cases this Order in Council, and every or any 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 or its legal representative.

9. 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.

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

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Licensing the New Zealand Timber Company Proprietary (Limited) to use and occupy a Part of the Foreshore of the Hokianga Harbour as a Wharf-site, and fixing Wharf-age Dues.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-seventh day of March, 1901.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING 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 New Zealand Timber Company Proprietary (Limited), (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 land below low-water mark adjacent thereto, of Hokianga Harbour in order to erect 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. 2412) showing the area of foreshore 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 are 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 that dues should be prescribed 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 adjacent thereto, 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 thereon, 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, further, with the like advice and consent as aforesaid, and in pursuance and exercise of the power conferred by “The Harbours Act, 1878,” doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be charged and taken 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 adjacent thereto, necessary for the erection of the wharf, as shown on plans marked M.D. 2412.

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 £2, payable on the 1st day of April, dating from the 1st day of April, 1901, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

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. His 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 repair thereof; and upon such Minister leaving at or posting to the last known address 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