Oct. 18.] THE NEW ZEALAND GAZETTE. 2723

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 duplicate) in the office of the Marine Department at Wellington (marked M.D. 2990) showing the manner of construction of such wharf, the place in the said river where the said wharf is erected, and the area of foreshore or land below low-water mark occupied for such purpose: 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 been approved by the Governor in Council:

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 Board 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 Board to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto at the foot of Main Street, Otahuhu, which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of using the aforesaid wharf, such license to be held and enjoyed by the Board 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 date hereof; 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.

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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 at the foot of Main Street, Otahuhu, necessary for the erection of such wharf, which are shown on the plan marked M.D. 2990.

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 Board 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 Board 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. 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 Board a notice in writing of any defect or want of repair in such wharf, requiring the Board, 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. That nothing herein contained shall authorise the Board 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 ballast of all vessels loading at the said wharf shall be taken away by the Board 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.

9. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Board shall not assign, charge, or part with any such right, power, or privilege without the previous 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 Board 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 Board.

11. The Board 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 Board.

12. In case the Board—

(1.) Commits or suffers a breach of the conditions hereinafore 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 Board 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 Board, and to all persons concerned or interested, that the rights and privileges thereby conferred have been revoked and determined.

13. 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.

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SECOND SCHEDULE.

WHARFAGE DUES.

a. d.
On all goods or merchandise not otherwise specified, weight or measurement, per ton .. .. 0 6
Ditto, under 1 cwt. .. .. .. Free
Firewood, per cord .. .. .. 0 6
Posts, per hundred .. .. .. 1 0
Rails, per hundred .. .. .. 1 6
Timber, 1,000 superficial feet .. .. 1 0
Cattle, each .. .. .. 0 3
Horses, each .. .. .. 0 6
Sheep or pigs, each .. .. .. 0 1

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing the Campbelltown Borough Council to use and occupy a Part of the Foreshore of Argyle Beach, Bluff Harbour.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of October, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Campbelltown Borough Council (hereinafter called “the Council”) 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 of Argyle Beach, Bluff Harbour, in order to erect and maintain thereon baths; 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. 3009), in duplicate, showing the place where it is intended to erect such baths, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the baths: 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 Council 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 Council as aforesaid; and, in further pursuance and