APRIL 19.] THE NEW ZEALAND GAZETTE. 1037

Licensing Mr. Thomas Begg to use and occupy a Part of the Foreshore of Otago Harbour.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this sixth day of April, 1906.

Present:

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

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Thomas Begg, of Dunedin (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark at Anderson’s Bay, in Otago Harbour, in order to erect and maintain thereon a wharf; 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. 2932), showing the place where it is intended to erect such wharf, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the wharf: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee 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 licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plan marked M.D. 2932 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say:—

1. 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.

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 necessary for the erection of such wharf, which are shown on the plan marked M.D. 2932, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee 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 two pounds, payable on the first day of April next, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. 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, over, and out of the said wharf without payment.

5. The licensee shall complete the erection of the said wharf in accordance with the approved plan marked M.D. 2932, within twelve calendar months from date of this Order in Council.

6. The licensee shall maintain the above-mentioned wharf in good order and repair.

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 licensee a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to make good the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorise the licensee 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for three 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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 licensee 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 licensee.

11. The licensee shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on his part.

12. In case the licensee 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 wharf for the purposes aforesaid;
    (3.) Fail to pay the sums specified in clause 3 of these conditions; or
    (4.) Become bankrupt, or be brought under the operation of any Act for the time being relating to bankruptcy,
    then and in either of the said cases 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 licensee 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 this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. The erection of the said wharf shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Approving of Plans and authorising Erection of Footbridge, Boatshed, and Slip at Picton.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this sixth day of April, 1906.

Present:

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

WHEREAS it is enacted by section sixteen of “The Harbours Act, 1878” (hereinafter called “the said Act”), that in any harbour where no Harbour Board is in existence the Governor in Council may authorise any local governing body, or any person, to construct harbour-works for the use and benefit of the public, and to use and occupy such part of the foreshore, or of any tidal land or tidal water, as may be necessary for the construction and use of such harbour-works:

And whereas the Picton Borough Council (hereinafter called “the Council”) has applied to the Governor in Council for authority to construct a footbridge over the head of Picton Harbour from Perano’s site to the Domain, and to construct a boatshed and slip in front of Section 199, Picton, for the use and benefit of the public; and, in accordance with section one hundred and fifty-six of the said Act, has deposited plans (two sheets) in the office of the Marine Department at Wellington (marked M.D. 2927) of such footbridge, boatshed, and slip, and of the places where they are to be constructed:

And whereas there is no Harbour Board in existence for the Harbour of Picton:

And whereas it has been made to appear to the Governor in Council that the proposed works will not be or tend to the injury of navigation: And whereas it is expedient that the said plans should be approved, and that the Council should be authorised to construct the said works:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the said plans marked M.D. 2927 (two sheets), in duplicate, and doth authorise and