Jan. 27.] THE NEW ZEALAND GAZETTE. 195

License authorizing Henry Bodley, of Te Pohue, to use Water from a Tributary of the Mangaone Stream for the Purpose of generating Electricity and to erect Electric Lines.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-fourth day of January, 1916.

Present:

His Excellency the Governor in Council.

WHEREAS by section five of the Public Works Amendment 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 purpose 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 pursuance of the license:

And whereas Henry Bodley, of Te Pohue, Hotelkeeper (hereinafter, with his successors and assigns, referred to as “the licensee”) has applied for a license under the said section to take and use water from a tributary of the Mangaone Stream in Section 5, Block XIII, Maungaharuru Survey District, in the Provincial District of Hawke’s Bay (hereinafter referred to as “the said tributary”), for the purpose of generating electricity as aforesaid, and it is expedient to issue such license accordingly:

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 in anywise 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 licensee (subject to the terms and conditions set forth in the Schedule hereto) a license to take and use from the said tributary, for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding one cubic foot per second at any one time; and also to erect and maintain the electric lines hereinafter described for power, lighting, heating, or other uses, and subject to the regulations published in the New Zealand Gazette dated the twenty-ninth day of April, one thousand nine hundred and fifteen, and hereinafter referred to as “the regulations.”

SCHEDULE.

1. PLANS.

The licensee shall, before the works hereby authorized are commenced, forward for the approval of the Minister of Public Works (hereinafter referred to as “the Minister”) drawings showing how and in what manner the water diverted is to be returned to the said tributary.

2. UTILIZATION OF THE WATER.

The said water shall be used solely for the purpose of generating electricity, and shall be returned to a tributary of the Mangaone Stream at or near the power-house.

3. LOCATION OF HEADWORKS.

The said water shall be taken from the said tributary at the headworks, situated in Section 5, Block XIII, Maungaharuru Survey District, at a point indicated on the plan marked P.W.D. 39182, deposited in the office of the Minister at Wellington, in the Provincial District of Wellington.

4. GENERAL DESCRIPTION OF WORKS.

The licensee is hereby authorized to construct, maintain, and use the following works for the purposes of this license: the position of the said works being indicated on the plan marked P.W.D. 39182 hereinbefore referred to.

(a.) Headworks consisting of a dam and necessary intake.
(b.) A pipe-line leading from such dam to the power-house hereinafter referred to.
(c.) A power-house with all necessary equipment, including water-turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity.
(d.) Transmission and other lines over the routes shown by means of red lines on the said plan.

5. INSPECTION OF WORKS.

The Inspecting Engineer, both during and after the construction of the works, shall have free access to and liberty at any time to inspect the same so as to ensure that the provisions of this license are given due effect to.

6. MAINTENANCE OF WORKS.

After the said works have been completed, the licensee shall maintain the same in proper working-order during the continuance of this license.

7. RIGHT TO ENTER LANDS, ETC.

The licensee shall have the right at any time or times during the continuance of this license, with the consent of the Minister, to enter upon any road 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 transmission-lines, poles, or other things as are required for the transmission of electricity between the generating-stations and any of the substations to which this license applies.

8. POWER TO TAKE LAND.

The licensee is hereby empowered to take, under the Public Works Act, 1908, as for a public work such land as may, in the opinion of the Governor, be necessary to enable the licensee to construct and maintain the various works authorized by this license.

9. DURATION OF LICENSE.

This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of forty-two years from the date hereof. Upon the expiry of the said term, or upon the sooner determination of this license by revocation or otherwise, all rights hereby granted to the licensee shall thereupon cease and determine; but such expiration or determination shall not relieve the licensee of any liability theretofore incurred under this license.

10. RENTAL.

The licensee shall, in respect of this license, pay to the Public Works Engineer for the district, or otherwise as the Minister may from time to time require, a rental of one-twentieth of a penny per unit for each unit generated and as recorded by the wattmeter to be installed by the licensee, payment to be made half-yearly on the first days of April and October in each and every year.

11. GRANTING OF OTHER WATER-RIGHTS.

Nothing herein shall prevent the Governor in Council from granting to any person or body corporate other than the licensee a license to take water from any portion of the said tributary, except at the place where the licensee is by this license empowered to take it; provided that no such license shall so operate as to reduce the natural fall between the headworks and tail-water, or the volume of the water which the licensee is by this license authorized to take from the said tributary.

12. FINES.

If the licensee fails or neglects—

(a.) To use or maintain the said works, after completion, so as to secure the full benefit of the undertaking; or

(b.) To observe any of the conditions or obligations herein imposed,—

then and in any such case the licensee shall be liable to a fine of £50 for every week or part of a week during which such default or neglect continues; or the Governor may by Order in Council revoke this license.

13. SERVICE OF NOTICE.

Notwithstanding anything in the last preceding clause, this license shall not be revoked, and no proceedings shall be taken for the recovery of a fine in respect of the breach thereof, unless and until notice in writing of the intention so to revoke the license or to take such proceedings has been served upon the licensee, or placed upon some principal or conspicuous part of the works, and default has been made by the licensee in repairing or remedying the breach or breaches specified in the said notice for the following periods:—

(a.) For any breach which in the opinion of the Governor can be met by a fine, for thirty days after the service of such notice.