July 18.] THE NEW ZEALAND GAZETTE. 2237

SECOND SCHEDULE.

ROAD CLOSED.

All in the Nelson Land District; as the same are more particularly delineated on the plan marked and coloured as above mentioned, and deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District.

Given under the hand of His Excellency the Right Honourable John Poynder Dickson-Poynder, Baron Islington, Governor and Commander-in-Chief in and over His Majesty’s Dominion of New Zealand and its Dependencies; and issued under the Seal of the said Dominion, at the Government House, at Wellington, this thirteenth day of July, in the year of our Lord one thousand nine hundred and twelve.

W. FRASER,
Minister of Public Works.

GOD SAVE THE KING!

Licensing the Leyland-O’Brien Timber Company (Limited) to use and occupy a Part of the Foreshore of Wharekawa River as a Site for Timber-booms.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of July, 1912.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the thirty-first day of March, one thousand nine hundred and ten, and published in the New Zealand Gazette No. 33, of fourteenth day of April following, the Leyland-O’Brien Timber Company (Limited), (hereinafter called “the company”), was licensed to occupy a part of the foreshore and land below low-water mark of Wharekawa River, Thames County, for the purpose of using and maintaining thereon timber-booms, erected in accordance with plans marked M.D. 2062 (two sheets), and deposited in the office of the Marine Department, at Wellington, for a period of two years from the thirty-first day of March, one thousand nine hundred and ten:

And whereas the company has made application for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a term of five years, computed from the expiry of the term of the said first-mentioned license, and it is expedient to grant the same for the term and subject to the 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 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 by 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 plans so deposited as aforesaid, for the purpose of using the aforesaid timber-booms in connection therewith, such license to be held and enjoyed by the company upon and subject to the terms and conditions set out in the Schedule hereto.

SCHEDULE.

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 booms as shown on the plans marked M.D. 2062, 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 company shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £1, in advance, payable on the 1st day of March, dating from the 1st day of March, 1912, 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, and out of the said booms without payment.

4. The company shall maintain the said 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.

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

6. Nothing herein contained shall authorize the company to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulations 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for the term of five 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.

8. 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.

9. The company shall be liable for any injury which the said booms may cause any vessel or boat to sustain through any default or neglect on its part.

10. 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 booms 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 2 of these conditions,—
    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 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, right, and privileges thereby granted and conferred, have been revoked and determined.

11. 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.