3176

THE NEW ZEALAND GAZETTE.

[No. 127

Richard O’Donnell, Sen., of Tongaporutu (hereinafter called “the licensee”), has applied to the Governor-General in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Tongaporutu River, Taranaki, in order to maintain a wharf erected thereon, in accordance with plans deposited in the office of the Marine Department at Wellington (marked M.D. 3393), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf: And whereas it has been made to appear to the Governor-General in Council that the said work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor-General in Council: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act, for the purpose aforesaid, on the terms and conditions set forth in the First Schedule hereto, and that the regulations and the dues and rates in the Second Schedule hereto should be made and prescribed to be taken for the use of the said wharf:

Now, therefore, His Excellency the Governor-General 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 for which the said license is required by the licensee 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 licensee to use and occupy that part of the foreshore, and land below low-water mark adjacent thereto, on which the wharf is erected, as shown between points C and D on sheet 1 of the plans so deposited as aforesaid, for the purpose of maintaining the said wharf thereon, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth hereby make the regulations, and prescribe the dues and rates to be taken on and after the date of publication of this Order in Council in the New Zealand Gazette, for the use of the said wharf, set forth in the Second Schedule hereto.

FIRST SCHEDULE.

1. 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.

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 maintenance of the wharf, as shown between points C and D on sheet 1 of plans marked M.D. 3393.

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

4. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, and all rights of ingress and egress thereon and therefrom.

5. His Majesty or the Governor-General, 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 without payment.

6. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at his 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.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee 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 any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee, 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.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for seven years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving to the licensee 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 licensee in New Zealand.

12. The licensee shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on his part.

13. 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 wharf 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 in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,—
    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-General 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.

SECOND SCHEDULE.

LIST OF GOODS TO BE CHARGED AT PER TON WHARFAGE ON WEIGHT OR MEASUREMENT.

Shipping Wharfage.

1. Every person who shall use the wharf with any vessel shall pay to the licensee for the use thereof as follows, that is to say:—
   For every vessel a sum of 2d. per ton on the gross tonnage of such vessel per day for each day or part of a day a vessel shall occupy a berth alongside any vessel lying at the said wharf, or shall lie at the said wharf undergoing repairs or fitting out only, or shall lie at the said wharf with a line attached thereto.

If any ship shall use this wharf for the discharge of any goods or cargo after the usual working-hours or on wharf holidays, such ship shall pay to the licensee for the use of the said wharf a charge at the rate of 1s. per ton on all goods or cargo so discharged from such ship.

Goods Wharfage.

2. Every person who shall use the wharf for landing or shipping any goods shall, before using the same, pay to the licensee dues as follows, that is to say:—
   For all goods landed on this wharf, a rate of 2s. 6d. per ton weight or measurement, at the option of the wharfinger. Minimum charge, 6d.

For every head of cattle or horses landed upon or shipped from the said wharf, 2s. 6d. per head.

For every yearling or calf so landed upon or shipped from the said wharf, the sum of 1s. per head.

For every head of sheep or small cattle so landed upon or shipped from the said wharf, the sum of 6d. per head.

For all timber landed on the wharf a charge of 6d. per 100 ft. will be made.

Wool, 6d. per bale.

3. The licensee shall appoint any wharfinger or other officer necessary for the purposes of these regulations.

4. No person shall remove goods from the wharf without having previously paid the dues payable thereon.

5. If any goods remain for more than three hours on the wharf, or in or upon the approaches thereto, the wharfinger may remove the same to such premises as he thinks fit, and keep the same until payment to the licensee of the expenses of such removal and of the keeping of the goods, and of any other charges due to the licensee thereupon, and, in