APRIL 9.] THE NEW ZEALAND GAZETTE. 1135

Licensing F. Iredale to use and occupy a Part of the Foreshore of Awakino River as a Site for a Wharf and Shed, and prescribing Dues and Rates for the Use of such Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this first day of April, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Frederick Iredale, of Awakino (hereinafter called “the licensee”), has 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 on the Awakino River, in order to erect and maintain thereon a wharf and the necessary shed in connection therewith; and, in accordance with the one-hundred and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans (two sheets) in the office of the Marine Department at Wellington (marked M.D. 3168) showing the manner in which it is proposed to construct such wharf and shed, the place where it is intended to erect the same, and the area of foreshore and land below low-water mark intended to be 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 plans have been approved by the Governor in Council without modification or addition: And whereas it is desirable to grant the said license:

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 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 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 erecting the aforesaid wharf and shed in connection therewith; such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth hereby prescribe the dues and rates set forth in the Second Schedule hereto to be taken by the licensee 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 and shed, as shown on the plan marked M.D. 3168 (sheet 1), and deposited in the office of the Marine Department as aforesaid.

2. 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 one pound, payable on the 1st day of April; the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

3. 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 shed, and all rights of ingress and egress thereon and therefrom.

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, and out of the wharf and shed without payment.

5. The licensee shall maintain the above-mentioned wharf and shed in good order and repair; and shall at all times exhibit therefrom, and maintain at his 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.

6. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and shed and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf or shed, requiring the licensee, within a reasonable time, to be therein prescribed, to repair the same, he shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for the term of fourteen years, computed from the date hereof, unless such rights, powers, and privileges are sooner 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 previous written consent of the Minister.

9. 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 in New Zealand.

10. The licensee 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 his part.

11. In case the licensee—
    (1.) Commits or suffers a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Ceases to use or occupy the said wharf or shed;
    (3.) Becomes bankrupt, or is in any manner brought under the operations of any Act in force for the time being relating to bankruptcy; or
    (4.) Fails to pay the sums specified in clause 2 of these conditions,
    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 licensee 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 licensee, and to all persons concerned or interested.

12. 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.

GOODS WHARFAGE.

Exported.

Butter, cheese, and other dairy-produce, in lots not less than 4 tons, per ton .. .. .. 1 0
Barley, per ton of 12 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Bran, per ton of 20 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Flour, per ton of 10 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Grain, not otherwise specified, per ton of 10 sacks, in lots not less than 3 tons, per ton .. .. .. 1 0
Linseed, per ton weight, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Malt, per ton of 10 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Oats, per ton of 14 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Pollard, per ton of 15 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0
Potatoes, per ton of 12 sacks, in lots not less than 3 tons, per ton .. .. .. .. .. 1 0

Imported or exported.

Cattle, each, not to include labour .. .. .. 1 0
Cattle, under two years, each, not to include labour 0 9
Calves, each, not to include labour .. .. .. 0 6
Horses, each, not to include labour .. .. .. 2 0
Sheep (stores), each, not to include labour .. .. 0 1
Lambs, each, not to include labour .. .. .. 0 0½
Flour (imported only), per ton of 10 sacks, without labour, per ton .. .. .. .. .. 1 6
Fungus, 8 bags to be charged as one bale .. .. .. 0 6
Hides, per sack .. .. .. .. .. 0 3
Lime, per ton, in quantities of 5 tons, no labour .. 0 6
Lime, per ton of 10 sacks .. .. .. .. .. 1 6
Timber, per 100 ft., in quantities of 5,000 ft. and upwards .. .. .. .. .. 0 2
Wool, per bale, undumped .. .. .. .. .. 0 6
Wool, per bale, dumped .. .. .. .. .. 0 4½
Parcels, each .. .. .. .. .. 0 3
Single packages, 2 tons in weight and over, as specially arranged.

ALEX. WILLIS,
Clerk of the Executive Council,