Feb. 22.] THE NEW ZEALAND GAZETTE. 715

be therein prescribed, to repair the wharf, he shall with all reasonable 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 its amendments, 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 in force for fourteen 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 written consent of the Minister first obtained.

11. 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 licensee three calendar months’ previous notice in writing. 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.) Fail to pay the sums specified in clause 3 of these conditions; or
    (4.) Become bankrupt,—
    then and in any of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor 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.

14. The erection of the said wharf shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

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Licensing the Dargaville Borough Council to use and occupy a Part of the Foreshore, Tidal Land, and Tidal Water of the Wairoa River, Kaipara Harbour, as a Site for a Fire-brigade Shed.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this fifth day of February, 1917.

Present:

THE HONOURABLE JAMES ALLEN PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Dargaville Borough Council (hereinafter called “the Council”) has applied to the Governor in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”), to occupy a part of the foreshore, tidal land, and tidal water of the Wairoa River at Dargaville, in Kaipara Harbour, in order to erect and maintain thereon a fire-brigade shed; 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. 4736 (in duplicate), showing the manner in which it is proposed to construct such shed, the place where it is intended to erect the same, and the area of foreshore, tidal land, and tidal water intended to be occupied for such purpose:

And whereas it has been made to appear to the Governor in Council that the proposed work 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 Council under the said Act for the purpose aforesaid, on the terms and conditions herein-after 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 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 Council 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 Council to use and occupy that part of the foreshore, tidal land, and tidal water which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a fire-brigade shed, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

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SCHEDULE.

1. THE concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore, tidal land, and tidal water necessary for the erection of such fire-brigade shed which are shown on the plan marked M.D. 4736, 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 Council shall pay to the Minister an annual rental of 1s., payable on demand.

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 fire-brigade shed without payment.

4. The Council shall maintain the above-mentioned fire-brigade shed 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 fire-brigade shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known office of the Council a notice in writing of any defect or want of repair in such fire-brigade shed, 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 Council 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, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulation 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 fourteen 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 Council 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 Council 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 office of the Council.

9. The Council shall be liable for any injury which the said fire-brigade shed may cause any vessel or boat to sustain through any default or neglect on its part.

10. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said fire-brigade shed for a period of thirty days,—
    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 Council 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 Council, 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.

11. In these conditions the term “Minister” means the Minister of Marine as defined by the Shipping and Seamen