JUNE 16.] THE NEW ZEALAND GAZETTE. 1743

Now, therefore, His Excellency the Administrator of the Government 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 company 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 company 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 constructing such coal-hopper, such license to be held and enjoyed by the company 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 part of the foreshore and land below low-water mark necessary for the erection of the wharf, as shown on the plan marked M.D. 3428.

2. In consideration of the concessions and privileges granted by this Order in Council, the company 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 in advance, dating from the date hereof, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

3. 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, over, and out of the said coal-hopper without payment.

4. The company shall maintain the above-mentioned coal-hopper 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.

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

6. Nothing herein contained shall authorise the company 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.

7. The ballast of all vessels loading at the said coal-hopper shall be taken away by the company 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.

8. The rights, powers, and privileges, conferred by or under this Order in Council shall continue to be in force for fourteen years, computed from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company 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 said rights, powers, and privileges may be at any time resumed by the Governor without payment of any compensation whatever, on giving to the company 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 company in New Zealand.

10. The company shall be liable for any injury which the said coal-hopper may cause any vessel or boat to sustain through any default or neglect on the company’s part.

11. In case the company 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 coal-hopper for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause two of these conditions,
    then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the company 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 company, 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 erection of the coal-hopper shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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.

Licensing the Golden Bay Cement-works (Limited) to use and occupy a Part of the Foreshore at Terakohe, in Golden Bay.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of June, 1910.

Present :

His Excellency the Administrator of the Government in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1908 (hereinafter called “the said Act”), the Golden Bay Cement-works (Limited), (hereinafter called “the company”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore at Terakohe, in Golden Bay, in order to construct and maintain thereon a power-house and store to be used in connection with the company’s cement-works, and also a rubble facing on the seaward side of the said part of the foreshore for the purpose of constructing certain necessary reclamation in order to obtain the full benefit of such license; 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. 3525), showing the manner in which it is proposed to erect such power-house, store, and rubble facing, and the necessary reclamation to be constructed in order to obtain the full benefit of the license hereby granted, the place where it is intended to erect and construct the same, and the area of foreshore intended to be occupied for such purpose :

And whereas it has been made to appear to the Governor in Council that the proposed works 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 :

And whereas it is expedient that a license should be granted and issued to the company under the said Act, for the purposes aforesaid, on the terms and conditions hereinafter expressed :

Now, therefore, His Excellency the Administrator of the Government 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 approve of the purpose or object for which the said license is required by the company 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 company to use and occupy that part of the foreshore which is particularly shown edged in green and enclosed within lines drawn in red, five hundred links and two hundred and fifty links respectively in length, on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon the power-house, store, and rubble facing shown and delineated on the said plan, such license to be held and enjoyed by the company 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 that part of the foreshore necessary for the erection of such power-house, store, and rubble facing which is shown on the plan marked M.D. 3525, edged in green and enclosed within lines drawn in red, five hundred links and two hundred and fifty links respectively in length.

2. In consideration of the concessions and privileges granted by this Order in Council, the company 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, dating from the date hereof, the first of such annual payments to be made