1036
THE NEW ZEALAND GAZETTE.
[No. 30

same year, granted and issued to the Council under the said Act, for the purpose aforesaid, for the term of fourteen years, computed from the date of the said Order in Council, on the terms and conditions therein expressed :

And whereas the Council duly constructed the said wharf, and the same is now under its control and management :

And whereas the Council has made application for a fresh license under the said Act for a term of nine years, computed from the expiry of the said first-mentioned license, and it is expedient to grant the same for the term and subject to the 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 Harbours Act, 1878,” and the said Act, and of all other powers and authorities enabling him in that behalf, 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 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 and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the aforesaid wharf, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth also hereby declare that this Order in Council shall come into force and take effect on the twenty-eighth day of June, one thousand nine hundred and one, being the date of the expiry of the term of the first-mentioned license; and also doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be charged and taken from the date of the publication of this order in the New Zealand Gazette for the use of the said wharf.

FIRST SCHEDULE.

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 erection of such wharf, which are shown on the plan marked M.D. 1333.

2. That all His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and of ingress and egress thereon.

3. That 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 wharf without payment.

4. The Council shall maintain the above-mentioned wharf and all erections thereon 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.

5. The said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st day of March in each year, and shall send a copy of such account, when balanced, to the Marine Department, and shall supply any particulars in reference thereto which may be required by the Marine Department.

6. The surplus revenue derived from the receipts on account of such wharf shall be applied for the purposes of maintaining, repairing, and otherwise keeping in good order and condition the said wharf or for providing further wharf accommodation.

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 address of the Council a notice in writing of any defect or want of repair in such wharf, requiring the Council, 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. That 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the Council 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 this Order in Council shall continue in force for nine years, computed from the 28th day of June, 1901, 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.

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 Council one calendar month’s 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.

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

13. In case the Council—
    (1.) Commits or suffers a breach of the conditions hereinafter set forth, or any of them; or
    (2.) Ceases to use or occupy the said wharf,
    then and in any such case this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the Council or other proceedings whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice of the fact to the Council, and to all persons concerned or interested, that the rights and privileges thereby conferred have been revoked and determined.

14. In these conditions the term “Minister” means the Minister of Marine, as defined by “The Shipping and Seamen Act, 1903,” and includes any officer, person, or authority acting by or under the direction of such Minister.

SECOND SCHEDULE.

WHARFAGE DUES.

On all goods or merchandise not otherwise specified,
weight or measurement, per ton .. .. .. 1 8
Minimum charge .. .. .. 0 2
Cheese, fruit, and grass-seed, per ton .. .. .. 1 0
Minimum charge .. .. .. 0 2
Dressed timber, doors, mouldings (T. & G. or plain),
per 100 ft. superficial .. .. .. 0 4
Firewood, per cord .. .. .. 1 0
Posts and rails, per hundred .. .. .. 1 6
Roofing-shingles, per thousand .. .. .. 0 4
Palings, per hundred .. .. .. 0 6
Timber (rough sawn), piles, and squared logs, per
100 ft. superficial .. .. .. 0 2
Horses and cattle, each .. .. .. 2 6
Calves, one year old and over, each .. .. .. 1 2
Calves under one year old, sheep, lambs, goats, and
pigs, per score (20) .. .. .. 3 4
Minimum charge, each .. .. .. 0 6
Carts and drays, each .. .. .. 2 6
Carriages, two-wheeled, each .. .. .. 2 6
Carriages, four-wheeled, each .. .. .. 5 0
Wool or sheep-skins, in bales, per bale .. .. .. 0 4
Coal, per ton .. .. .. 1 0
Sand and gravel, per cubic yard .. .. .. 0 6

RESHIPMENTS.

When any goods which have already paid wharfage dues at Akaroa are reshipped no charge whatever shall be made for outward wharfage, provided that when such goods are reshipped a declaration shall be forwarded with the waybill that such goods have paid wharfage, and stating the date when, and by whom, and in what ship such goods were imported.

STORAGE.

Rent on all goods stored, at per ton, per week or part
of a week, weight or measurement .. .. .. 1 8
Minimum charge .. .. .. 0 3
Wool or sheep-skins, per bale, for a week or part of a week .. .. .. 0 3

Free storage allowed for twenty-four hours. All goods stored to be at risk of consignee.

BERTHAGE.

On every steamer or sailing-vessel under 100 tons
register hauling alongside the wharf, per ton register per day or part of a day .. .. .. 0 0½
On every steamer or sailing-vessel of and over 100 tons register, for the first 100 tons register, per ton per day or part of a day .. .. .. 0 0½
Ditto, for every ton after the first 100 tons register, per day or part of a day .. .. .. 1 8
Minimum charge for any vessel per day or part of a day .. .. .. 1 0

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