3710

THE NEW ZEALAND GAZETTE.

[No. 109

respective duties leviable under the said Acts by way of
income-tax shall be paid in one sum on Friday, the twenty-
ninth day of January, one thousand nine hundred and fifteen.
And, in further pursuance and exercise of the powers and
authority aforesaid, and with the like advice and consent as
aforesaid, His Excellency doth also determine that the place
where the said duties of land-tax and of income-tax shall be
payable shall be the office of the Commissioner of Taxes, at
the Government Buildings, Wellington, and that notice to
the foregoing effect shall be given by the said Commissioner
accordingly.

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

License authorizing the Tauranga Borough Council to use
Water from the Omanawa River for the Purpose of generating
Electricity, and to erect Electric Lines in the Borough of
Tauranga and the Tauranga County.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this fifth day of
October, 1914.
Present:
His Excellency the Governor in Council.
WHEREAS by section five of the Public Works Amend-
ment Act, 1908, it is enacted that the Governor may
from time to time by Order in Council grant to any person or
body corporate a license to use water from any fall, river,
stream, or other source for the purpose of generating electricity for electric light, mechanical power, or other uses, and
to exercise in respect of that license any of the powers and
authorities specified in that behalf in the said section: And
whereas it is further provided by the said section that any
such license may confer upon the licensee a right at any time
or times during the continuance of the license (but subject to
such conditions and restrictions as are expressed in the license)
to enter upon any road, railway, or other land, whether vested
in or occupied by the Crown or any other person or body
corporate, and there to construct, erect, lay down, maintain,
renew, or repair all such cables, wires, and other things as are
required for the transmission of electricity between the fall,
river, stream, or other source aforesaid, and any place to
which the licensee is authorized to transmit electricity in pur-
suance of the license:
And whereas it is by subsection five of the said section also
provided that the license shall be deemed to constitute a
contract between the licensee and His Majesty the King, and
shall be enforceable by and against either party accordingly:
And whereas the Tauranga Borough Council has applied
for a license under the said section to take and use water
from the Omanawa River, in Crown Land Block VI, Otane-
wainuku Survey District, in the Provincial District of Auckland (hereinafter referred to as " the said stream "), for the
purpose of generating electricity for the purposes aforesaid,
and upon the terms and subject to the conditions hereinafter
appearing, and it is expedient to issue such license accord-
ingly:
Now, therefore, in pursuance and exercise of the powers
conferred upon him as aforesaid, and of the powers conferred
by section two of the Public Works Amendment Act, 1911,
and of all other powers enabling him in that behalf, His
Excellency the Governor of the Dominion of New Zealand,
acting by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby grant to the Tau-
ranga Borough Council, subject to the terms and conditions
hereinafter set forth, a license to take, divert, and use from
the Omanawa River aforesaid, for the purposes hereinafter
set forth, a stream of water (hereinafter referred to as " the
said water") not exceeding one hundred and sixty cubic feet
of water per second at any one time; and also to erect and
maintain electric lines for lighting and power purposes as
hereinafter described.
TERMS AND CONDITIONS.

1. In this license the following words and phrases shall have
   the meaning hereby attached to them respectively:-
   "Consumer's wires" means any electric line on the con-
   sumer's premises connected with the Council's elec-
   tric-supply lines:
   "Council" means the Tauranga Borough Council:
   "Earthed," as applied to any conductor, means that
   such conductor shall be so connected to the general
   mass of earth as to ensure at all times an immediate
   and safe discharge to earth of electrical energy:
   "Electric line" means any wire, wires, conductor, or
   other means used for conveying, transmitting, or
   distributing electricity for power, lighting, or heat-
   ing purposes, and includes any instrument, insu-
   lator, casing, tubing, pipe, covering, tower, or post
   enclosing or supporting an electric line or anything
   connected therewith:
   "Extra high pressure" means pressures over 3,300 volts:
   "High pressure" means pressures over 650 volts and up
   to 3,300 volts:
   "Inspecting Engineer" means and includes any inspect-
   ing engineer appointed by the Minister to inspect
   works to be constructed or maintained by virtue
   of electric-line licenses, or any water-power licenses,
   or any combined water-power and electric-line
   licenses, issued under the Public Works Act, 1908,
   and any or all of its amendments, or under any
   one or more of such amendments only, or any Act
   or Acts passed in amendment thereof or substitution
   therefor:
   "Low pressure" means pressures up to 650 volts:
   "Minister" means the Minister of Public Works:
   "Pressure" means difference of electric potential:
   "Public works" means any public work as defined in
   the Public Works Act, 1908, and its amendments,
   and includes any work authorized, constructed, or
   maintained under Division 2 of the Post and Tele-
   graph Act, 1908:
   "Public Works Engineer" means the Engineer in
   charge of the Public Works district in which the
   area of supply is situated:
   "Street" includes road:
   "Telegraph" includes telephone.
   Utilization of the Water.
2. The said water shall be used solely for the purpose
   of generating electricity.
3. The Council shall install, construct, maintain, and use
   the following works for the purposes of this license:-
   (a.) Headworks consisting of a diverting weir, and such
   dam or dams as may be required, and necessary intake.
   (b.) A water-race and or a pipe-line leading from such
   diverting weir or dam to the power-house hereinafter referred
   to.
   (c.) A power-house with all necessary equipment, including
   water-turbines, transformers, lightning-arresters, switchboards,
   switches, exciters, and other appliances for generating and
   transforming electricity.
   (d.) Such transmission and other lines, together with such
   transforming and converting apparatus as may be required to
   serve the purpose of this license.
   Location of Headworks, &c.
4. The said water shall be taken by the Council from the
   point in the said stream marked "Headworks," and shown
   on the plans marked P.W.D. 34825, Plan B, deposited in the
   office of the Minister of Public Works at Wellington and here-
   after referred to as the said plans, and such water shall be
   conducted by a race, pipe, or tunnel, over or along the
   route shown on the said plans to the generating-station to be
   erected on the bank of the said stream at the side marked
   "Power-house" on the said plans, and all water diverted from
   the said stream shall be returned by the licensee to the said
   stream at or near the power-house. Nothing herein shall
   prevent the Governor in Council from granting to any person
   or body corporate other than the Council a license to take
   water from any portion of the said stream except at the
   place where the Council is by this license empowered to take
   it; provided that no such license shall so operate as to
   reduce the natural fall of 108 ft. between headworks and tail-
   water, or the volume of water which the Council is by this
   license authorized to take from the said stream.
   Annual Rental.
5. The Council shall in respect of this license pay to the
   Receiver of Land Revenue at Wellington, or otherwise as the
   Minister may from time to time require, a fee of one pepper-
   corn per annum, if demanded.
   Duration of Term of License.
6. The term for which this license is granted is a period of
   forty-two years, commencing as from the 1st day of October,
   1914, unless such term is sooner revoked, determined, or sur-
   rendered in accordance with or in pursuance of the provisions
   hereinafter contained; and upon the expiry of the term of
   the license hereby granted, or upon the sooner revocation,
   determination, or surrender of the same, all rights granted
   to the Council shall thereupon absolutely cease and deter-
   mine; but such revocation, determination, or surrender shall
   not relieve the Council of any burden, condition, or liability
   contracted under this license.