Dec. 15.] THE NEW ZEALAND GAZETTE. 4213

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, in order to erect and maintain thereon baths in Picton Harbour; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 3605, showing the place in the said harbour where it is intended to erect such baths, and the manner in which it is proposed 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 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 herein-after 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 acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby license and permit the Council to use and occupy those parts of the foreshore, and the land below low-water mark immediately contiguous thereto, which are particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon baths in accordance with the said plan, such license to be held and enjoyed by the Council 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 of the land below low-water mark required for the construction of the baths as shown and delineated on the plan as aforesaid.

2. The foreshore and tidal land included in this license shall be used solely for bathing purposes.

3. In consideration of the concessions and privileges conferred by this Order in Council the Council shall, on being supplied with a copy thereof, pay to the Minister an annual rental of one shilling payable on demand.

4. The Council shall, during the subsistence of this Order in Council, provide and maintain proper and sufficient baths, with all necessary appliances and conveniences thereto, as will enable the public to use and enjoy the same, and all other advantages hereby conferred in respect of the use and occupation of the foreshore and land below low-water mark, and with or without any charge for the same, and under such regulations for the decent and orderly use thereof as the Council may make; provided that no such charge as aforesaid shall be made until after the same has been approved by the Minister.

5. A printed copy of the regulations affecting the use of the said baths, and advantages as aforesaid, shall be put up by the said Council in such baths.

6. 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 Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

7. 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.

8. 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 provide or maintain the said baths for the use of the public for bathing purposes,
   then and in any of the said cases this Order in Council, and every right, power, or privilege, 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 rights and privileges thereby conferred, have been revoked and determined.

9. 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.

10. The construction of the baths shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

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

Regulations as to taking and marking Trout in the Southern Acclimatization District.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twelfth day of December, 1910.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the twenty-first day of September, one thousand nine hundred and four, and published in the New Zealand Gazette No. 78, of the twenty-second day of the same month, regulations were made for trout, perch, and tench fishing in the Southern Acclimatization District:

And whereas it is desirable to make additional regulations to provide for the netting of trout at the mouths or entrances of any rivers or streams within the boundaries of the Canterbury Acclimatization District for the purpose of numbering trout so taken in order to ascertain their migratory habits; and to provide for the allocation of numbers for such purpose to Acclimatization Societies in the Southern Acclimatization District, which are herein or may hereafter be authorized to net trout for such purpose in their respective districts:

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 Fisheries Act, 1908, 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 make the following additional regulations.

REGULATIONS.

1. NOTWITHSTANDING anything contained in Regulation 13 of the said regulations of the 21st day of September, 1904, it shall be lawful for the Canterbury Acclimatization Society to net trout at the mouths or entrances of the rivers or streams within that society’s district which extends from the mouth or entrance of the Conway River to the northern mouth or entrance of the Rakaia River, both inclusive, for the purpose of numbering such trout in order to ascertain their migratory habits.

2. The Minister of Marine may, on the application of any acclimatization society in the Southern Acclimatization District, allocate to such society numbers which shall be affixed to trout taken for the purpose of ascertaining their migratory habits.

3. Any person taking, by accident or otherwise, any trout so numbered shall immediately return the same alive into the water, and shall notify the fact of its having been so taken and returned, together with the number of the trout, to the secretary of the acclimatization society in whose district the trout is taken.

4. Any licensed angler catching during the fishing-season any trout so numbered shall forward same, together with the number affixed to same, to the secretary of the acclimatization society in whose district the trout is caught, or in the event of difficulty being experienced in forwarding such trout, then the anglers must forward full particulars as to the date of catch, exact weight, where trout is caught, together with the number referred to, and such particulars shall be verified and certified to by another licensed angler or responsible person.

5. Any person committing a breach of or failing to comply with clause 4 of these regulations, or any person other than a person acting under the direction of a society to which numbers have been allotted, who affixes such numbers to trout, is liable to a fine not exceeding £5.

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