May 19.] THE NEW ZEALAND GAZETTE. 1523

10. The licensee shall be liable for any injury which the said boat-shed or staging may cause any vessel or boat to sustain through any default or neglect on their part.

11. 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 boat-shed or staging 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 relating to bankruptcy;
    (4.) Fail to pay the sums specified in clause three of these conditions,
    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 licensee 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 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or interested, that this Order in Council, and the license, rights and privileges thereby granted and conferred, have been revoked and determined.

12. The construction of the boat-shed and staging shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Licensing the Coromandel County Council to use and occupy a Part of the Foreshore of Mercury Bay for an Extension to Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-second day of May, 1910.

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 under the Harbours Act Amendment Act, 1883, the Coromandel County Council (hereinafter called “the Council”) did, in the year one thousand nine hundred and three, apply to the Governor in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark in Mercury Bay in order to erect a wharf thereon; and, in accordance with the one-hundred-and-fifty-sixth section of the Harbours Act, 1878, deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 2639), showing the area of foreshore and land below low-water mark and the manner in which it was proposed to erect the said wharf: And whereas the Governor in Council did, on the twenty-eighth day of July, one thousand nine hundred and three, approve of the purpose for which the said foreshore and land below low-water mark were to be occupied, and granted a license for the purpose aforesaid on the terms and conditions therein expressed: And whereas the Council has applied for authority to make certain additions to the said wharf at Mercury Bay described in the said Plan M.D. 2639; and, in accordance with the one-hundred-and-fiftieth section of the Harbours Act, 1908, (hereinafter called “the said Act”), has deposited a plan in the office of the said Marine Department, at Wellington (marked M.D. 3500), showing the additional foreshore and land below low-water mark intended to be so occupied, and the nature and extent of the said additions intended to be made: 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 (marked M.D. 3500) 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 should be granted and issued to the Council under the said Act for the purpose last aforesaid, 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 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 those parts of the foreshore and land below low-water mark on which the said wharf at Mercury Bay is to be erected, as shown on the Plan M.D. 3500 so deposited as aforesaid, for the purpose of erecting and maintaining the said additions to the wharf at Mercury Bay, 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 having charge of the Marine Department, 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.

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 adjacent thereto, necessary for the additions to the said wharf, as shown on plan marked M.D. 3500.

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

5. The Council shall maintain the above-mentioned wharf-extension 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.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf-extension and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council in New Zealand a notice in writing of any defect or want of repair in such wharf-extension, 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.

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

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the twenty-eighth day of July, one thousand nine hundred and three, 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.

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 in New Zealand.

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

12. In case the Council 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,
    then and in either 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

13. The erection of the said wharf-extension 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.