APRIL 20.] THE NEW ZEALAND GAZETTE. 967

Prescribing Oyster License Fee for North Island.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this tenth day of April, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS it is enacted by section five of “The Sea-fisheries Amendment Act, 1903,” that the annual fee payable in respect of a license under section sixteen of the principal Act shall be such sum (not exceeding two pounds) as the Governor in Council determines, and that such Order may apply generally to the whole of New Zealand, or to any specified part thereof, and so that such fee may vary in different parts of New Zealand:

And whereas the fee payable in respect of a license in the North Island and the islands adjacent thereto was, by Order in Council dated the eleventh day of May, one thousand nine hundred and four, determined and declared to be ten shillings:

And whereas it is desirable to revoke the said Order in Council of the eleventh day of May, one thousand nine hundred and four, and to determine another fee in lieu of that determined in such Order in Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise of the hereinbefore-recited power and authority, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the said Order in Council of the eleventh day of May, one thousand nine hundred and four, and doth hereby determine and declare that the annual fee payable in respect of a license to take oysters under section sixteen of “The Sea fisheries Act, 1894,” in the North Island and islands adjacent thereto, shall be one pound.

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

Licensing James Park and Others to use and occupy a Part of the Foreshore at Okarito as a Site for a Wharf and Shed.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this tenth day of April, 1905.

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”), James Park, of Hokitika, solicitor; Henry Burrough, of Wataroa, settler; Frederick Arthur Boyes, of Hokitika, sharebroker; and Charles Frederick Allen Cambridge, Frederick John Butement, and Horace James Grant, all of Cameron’s, Greymouth, flax-millers, trading under the style or firm of “The Wataroa Flax-mill Company” (hereinafter called “the licensees”), have applied to the Governor in Council for a license under the said Act to occupy parts of the foreshore and land below low-water mark at Okarito, in the County of Westland, in order to erect a wharf and shed thereon; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2818) showing the areas 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 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 licensees, 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 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 those parts of the foreshore and land below low-water mark on which the wharf and shed are to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and shed thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

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 parts of the foreshore and land below low-water mark necessary for the erection of the wharf and shed, as shown on plan marked M.D. 2818.

3. 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 two pounds ten shillings, and thereafter an annual sum of ten shillings, payable on the first day of March, dating from the first day of March, one thousand nine hundred and five, the first of such annual payments to be made on the licensees 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 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 wharf and shed without payment.

6. The licensees shall maintain the above-mentioned wharf and shed in good order and repair, and shall at all times exhibit from the wharf 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.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and shed 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 such wharf or shed, 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.

8. 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.

9. 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.

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 licensees 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 licensees or either of them 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 licensees or either of them.

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

13. 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 and shed 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