2664
THE NEW ZEALAND GAZETTE.
[No. 81

8. Preference will be given over all other applicants to landless married bona fide co-operative workers with children who have been engaged on the North Island Main Trunk Railway or on any of the roads or other works pertaining thereto, also to landless bona fide employees at sawmills in the vicinity of Rangataua within such a radius as may be defined by the Land Board; and preference will be given to single co-operative workers and single employees at sawmills employed on the same works and at the same mills over all other applicants not so employed. In order to secure preference every applicant will require to forward with his application a certificate, signed by an officer of the Public Works or Roads Department or by the manager of a sawmill, showing that he has been employed on the works mentioned for a period not less than three months during the twelve months preceding the ballot.

9. Improvements and residence on the land comprised in each lease shall be as provided in Part III of the said Act. The provisions of section 162, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to lessees under these regulations. The provisions of section 159, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to lessees under these regulations.

10. No lessee shall divide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I of the said Act.

11. No lessee shall apply for or hold more than one allotment, and such allotment shall be held for his or her sole use and benefit, and not for the use or benefit of any other person whomsoever. Persons who already hold land shall not be eligible as selectors.

12. It shall be a condition of the lease that all contracts or arrangements entered into by the lessee for the sale or disposal of the timber on the land comprised in the lease shall be in writing, and shall be submitted to the Land Board for approval. Every such contract or agreement shall contain a condition that the timber is to be cut on a face, and well and systematically cleared up to the satisfaction of the Commissioner of Crown Lands. The royalty from the sale or disposal of the timber shall be paid by the lessee to the Receiver of Land Revenue, Wellington, in the manner to be prescribed by the Land Board, and shall be calculated at rates not less than those prescribed in the schedule of royalties fixed by the Forest Regulations. The royalty so paid shall be credited by the Receiver of Land Revenue towards the rent that may become due by the lessee. In the event of the lessee’s interest in the section being cancelled through any reason, any royalty so received in excess of the rent that may have become due at the date of cancellation shall become forfeited to the Crown, or, should his interest be forfeited, he shall thereupon cease to have any interest in the timber thereon, and in the event of his having entered into any contract or agreement for its disposal, the Commissioner of Crown Lands, with the approval of the Land Board, may thereupon take his place as a party thereto.

13. Every lease shall be issued subject to the condition that the Crown reserves the right to construct and lay down tramways, or to authorise any person to do so, through the land comprised therein.

14. All the provisions of the said Act, so far as applicable, shall extend and apply to the lands affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

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

Licensing the Coulthard Timber Company (Limited) to use and occupy a Part of the Foreshore of the Kaipara River as a Site for a Wharf and Timber Booms.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of October, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Coulthard Timber Company (Limited), (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act, 1908” (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark on the Kaipara River in order to construct and maintain thereon a wharf and timber booms; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited plans in the office of the Marine Department at Wellington (marked M.D. 696 and 697) showing the place where it is intended to construct such wharf and timber booms, and the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is intended to carry out the work: 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, prior to the making of this Order in Council, been approved by the Governor in Council: 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 Dominion of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, 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 land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing thereon a wharf and timber booms in accordance with the said plans; 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 construction of the wharf and timber booms as shown on plans M.D. 696 and 697.

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 in advance, such annual payments to date from the date hereof.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, 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 previous written consent of the Minister first obtained.

5. 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 said wharf and timber booms without payment.

6. 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 regulations of the Commissioner of Trade and Customs, or with any provisions of “The Harbours Act, 1908,” or any regulations made thereunder, and that are now or may hereafter be in force.

7. The licensee shall maintain the above-mentioned wharf and timber booms 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.

8. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the wharf and timber booms at its own cost, without payment of any compensation whatever, on giving to the licensee three 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 registered office of the licensee in New Zealand.

9. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and timber booms and view the state of repair thereof; and upon such Minister leaving at or posting to the last known registered office of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf and timber booms, requiring it, 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.