Jan. 9.] THE NEW ZEALAND GAZETTE. 19

"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 Tautuku River, Clutha County, 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 duplicate, in the office of the Marine Department at Wellington (marked M.D. 3112) showing the place where it is intended to erect such wharf, 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 carry out such works: 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 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 Dominion 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 Dominion, 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 land below low-water mark which are particularly shown and delineated on the plan marked M.D. 3112, in duplicate, so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf; such license to be held and enjoyed by the Council 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 is shown on the plan marked M.D. 3112, 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 Council shall, on demand, pay to the Minister the annual sum of one shilling, such annual payments to date from the date hereof.

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 Council shall complete the erection of the said wharf in accordance with the approved plan marked M.D. 3112, within twelve calendar months from the date of this Order in Council.

6. The Council 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 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 make good the same, the Council 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 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 rights, powers, and privileges conferred by or under this Order in Council shall continue 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 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 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.

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

12. 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 wharf for the purposes aforesaid,
    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 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.

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

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

Licensing the Opunake Wharf Company (Limited) to use and occupy a Part of the Foreshore at Opunake as a Site for a Wharf and Sheds, and prescribing Dues and Rates for the Use of such Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Auckland, this twenty-sixth day of December, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Opunake Wharf Company (Limited), of Opunake (hereinafter called "the company"), in the year one thousand eight hundred and ninety-one, applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore at Opunake, in the Provincial District of Taranaki, in order to erect and maintain thereon a wharf and the necessary sheds in connection therewith; and, in accordance with the one-hundred-and-fifty-sixth section of "The Harbours Act, 1878," deposited plans in the office of the Marine Department at Wellington (marked M.D. 1593 and 1650) showing the manner in which it was proposed to construct such wharf and sheds, the place where it was intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it was made to appear to the Governor in Council that the proposed work would not be or tend to the injury of navigation, and the said plans were approved by the Governor in Council without modification or addition: And whereas, pursuant to such application, a license was by Order in Council dated the nineteenth day of January, one thousand eight hundred and ninety-one, and published in the New Zealand Gazette of the twenty-third day of the same month, granted and issued to the company 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 company duly constructed the said wharf and sheds, and the same are now under the control and management of the company:

And whereas the company in the year one thousand nine hundred and four made application for a fresh license under the said Act for a term of three years, computed from the expiry of the term of the said first-mentioned license, and such license was granted for the said term of three years: And whereas the company has made application for a fresh license under the said Act for a further term of two years, computed from the date of expiry of the said further term of three years hereinafter mentioned, 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 Dominion 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 Dominion, doth hereby approve of the purpose or object for which the said license is required by the company as aforesaid; and, in further pur-