Nov. 11.] THE NEW ZEALAND GAZETTE. 2899

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 plan so deposited as aforesaid, for the purpose of using the aforesaid wharf in connection therewith, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say:—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and the land below low-water mark necessary for such wharf as shown on the plan marked M.D. 2008, 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 ten shillings in advance, payable on the 1st day of October, dating from the 1st day of October, 1909, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

3. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, 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 without payment.

5. The licensee shall maintain the above-mentioned wharf 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 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 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 with any regulation of the Minister of Customs, or with any provisions of “The Harbours Act, 1908,” 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 seven years, computed from the 1st day of October, 1909, unless in the meantime such rights, powers, and privileges are 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved by the Minister, by the Harbourmaster at Kaipara, or by any person appointed by the Minister for that purpose.

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 a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy;
    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 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. In these conditions the term “Minister” means the Minister of Marine, as defined by “The Shipping and Seamen Act, 1908,” and includes any officer, person, or authority acting by or under the direction of such Minister.

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

Modifying General Harbour Regulations regarding Motor and other Boats.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this third day of November, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS it is enacted by section two hundred and five of “The Harbours Act, 1908,” that the Governor may, for the purposes specified in the said section, from time to time, by Order in Council gazetted, make regulations to be called “General Harbour Regulations,” which shall have force and effect in all ports in New Zealand:

And whereas by Order in Council dated the twenty-first day of June, one thousand nine hundred and nine, and published in the New Zealand Gazette of the first day of July, one thousand nine hundred and nine, General Harbour Regulations regarding motor and other boats were made:

And whereas it is desirable to amend clause 3 of such regulations:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the hereinbefore-in-part-recited Act, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby add the following proviso to clause 3 of the hereinbefore-recited General Harbour Regulations of the twenty-first day of June, one thousand nine hundred and nine:—

“Provided that in cases where the circumstances are such as, in the opinion of the Harbourmaster, it is impracticable to carry the above-mentioned lights, a tug towing rafts of logs or timber shall show from her stern, or as far aft in the vessel as is practicable, two red lights in a vertical line one over the other, not less than 6 ft. apart, and of such a character as to be visible all round the horizon at a distance of at least two miles.”

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

Prescribing Dues for the Use of the Clevedon Wharf.

PLUNKET, Governor

ORDER IN COUNCIL.

At the Government House, at Wellington, this third day of November, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS the Wairoa Road Board (hereinafter called “the Board”) has been authorised, under the provisions of “The Harbours Act, 1908” (hereinafter called “the said Act”), to erect a wharf on the Wairoa River at Clevedon:

And whereas the Board desires to charge dues for the use of such wharf:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby prescribe and declare that the dues and charges set forth in the Schedule hereto shall be charged and taken by the Board for the use of the said wharf.

SCHEDULE.

On regular trading-vessels over 5 tons register .. .. £5 per annum.
On vessels other than regular traders over 5 tons register .. .. For each time of using the wharf, 5s.

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