2292
THE NEW ZEALAND GAZETTE.
[No. 83

Licensing the Tauranga County Council to use and occupy a Part of the Foreshore of Tauranga Harbour as a Site for a Landing-shed.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of October, 1903.

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 Tauranga County Council (hereinafter called “the Council”) has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore of the Waiau Estuary at Bowentown, Tauranga Harbour, in the Provincial District of Auckland, in order to construct a landing-shed thereon; 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. 2657) showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the landing-shed: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the Council under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed:

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 Council 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 Council to use and occupy that part of the foreshore on which the landing-shed is to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said landing-shed thereon; such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 necessary for the construction of the landing-shed, as shown on plan marked M.D. 2657.

3. In consideration of the concessions and privileges granted by this Order in Council, the Council shall pay to the Minister an annual rent of one peppercorn.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said landing-shed, 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 landing-shed without payment.

6. Any person authorised by the Minister may at all reasonable times enter upon the said landing-shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council in New Zealand a notice in writing of any defect or want of repair in such shed, 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.

7. Nothing herein contained shall authorise the Council 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 Council 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 Council 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 Council in New Zealand.

10. The Council shall be liable for any injury which the said landing-shed may cause any vessel or boat to sustain through any default or neglect on its part.

11. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said landing-shed for a period of thirty days—
    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 Council 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 Council, 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.

12. The construction of the landing-shed shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

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Regulations for the Occupation of Pastoral Lands within the Westland Mining District.

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RANFURLY, Governor.

IN pursuance and exercise of the powers conferred by section four of “The Land Act, 1892,” and by section thirty-eight of “The Mining Act, 1898,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby declare that the following shall be the regulations under which pastoral licenses may be granted within the Westland Mining District:—

REGULATIONS.

Interpretation: In these regulations, unless inconsistent with the context, the word “licensee” includes “his heirs and assigns,” and the word “Warden” means any Warden exercising jurisdiction within the Westland Mining District.

1. Application may be made for any of the Crown lands within the Mining District of Westland excepting timber and other public or mining reserves.

2. The area which may be applied for under these regulations shall not be less than 100 acres nor exceed 1,000 acres, and shall entitle the holder thereof to the exclusive right of pasturage over the lands specified therein, but shall give no right to the soil, timber, or minerals.

3. The Commissioner of Crown Lands for the Land District of Westland may, with the approval of the Warden and the Land Board of the Westland Land District (hereinafter referred to as “the Land Board”), grant not more than one pastoral license under these regulations to any person of the age of seventeen years and upwards who may apply for the same, but the Land Board may refuse any application, and their decision shall be final and without appeal.

4. Annual rent payable under the license shall be a sum to be fixed by the Land Board, but shall be not less than 2·4d. per acre, payable half-yearly in advance to the Receiver of Land Revenue, Hokitika, together with the lease fee of £1.

5. Term of license to be twenty-one years, and upon the expiration of the term it shall be competent for the Land Board to grant a renewal for twenty-one years over the whole or part of the area comprised in the license, upon such terms as they think fit, subject to the Warden’s approval and section 207 of “The Land Act, 1892.” Such license shall be issued subject to the terms and conditions, as nearly as may be, contained in section 199 of the said Act.

6. No deposit of survey fees shall be required, except in exceptional cases, which shall be determined by the Land Board, who shall fix the amount of deposit, which shall not exceed 1s. 6d. per acre.

7. The licensee shall have the right to the use of the surface-soil only of the demised land, for the purpose provided for in his license, as already set forth in Regulation No. 2.

8. The licensee shall have no right, either himself or through any other person, to fell, cut, sell, remove, or other-