1018

THE NEW ZEALAND GAZETTE.

Secretary for Public Works, Wellington, and to the Telegraph Engineer of the district, or his deputy, at present stationed at Wanganui.

II. 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 streams, except at the place where the licen·ee 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 sa;id st'reams.

21. REQUIREMENTS OF WAIMARINO COUNTY COUNCIL.

Notwithstanding anything hereinbefore con, ained, the licensee shall not be entitl:d to erect, maintain, or use any electric lines within the Waimarino County except subject to such conditions, not inconsistent with the provisions of this license and the regulations relating thereto, as may from time to time be agreed upon between the licensee and the Waimarino County Council.

F. W. FURBY,

Acting Clerk of the Executive Council.

Licensing Duncan Kerr Dysart to use and occupy a Part of the Foreshore, and Land below Low-water Mark, on the Uwhiroa Creek as a Site for a Sawmill.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this nineteenth day of March, 1917.

Present:

His Excellency THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Duncan Kerr Dysart, of Herek'no (hereinafter called "the licensee"), 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, and land below low-water mark, on the Uwhiroa Creek as a site for a sawmill, 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. 4710), showing the place where it is intended to construct such sawmill, the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is proposed to carry out the work:

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 under the said Act for the purpose aforesaid should be granted and issued to the licensee on the terms and 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 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 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 which is particularly shown and delineated on the plan so deposited, as aforesaid, for the purpose of maintaining thereon a sawmill, constructed in accordance with the said plan; such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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 that part of the foreshore and land below low-water mark necessary for the construction of the sawmill, as shown on plan M.D. 4710.

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 £5, in advance, dating from the date herecf, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years from the date hereof, unless in the meantime such rights,

5. 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 or 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 ser vice of such notice.

(b.) For any breach which in the opinion of the Governor is of such a nature as to require the revocation of this license, for ninety days after the service of such notice.

14. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may at any time, or from time to time, at the request or with the consent in writing of the licensee, be altered by the Governor by Order in Council.

15. SURRENDER OF LICENSE.

The licensee may at any time, with the consent of the Minister, surrender this license, and shall thereupon, if so required by the Minister, remove from the ground all removable equipment, machinery, buildings, poles, transmission lines, and other plant herein authorized to be installed or provided. If the licensee fails or neglects so to remove the said plant within twelve months after being required so to do, such equipment, machinery, buildings, poles, lines, and other plant shall, without payment or compensation, vest in and become the property of the Crown.

16. CHARGES FOR ELECTRIC ENERGY.

The charge for electrical energy shall not exceed ls. per unit for lighting purposes, and 4d. per unit for motor-power, heating, or cooking purposes; provided that "lighting purposes" shall include the operation of motor generators for lighting purposes.

17. AREA OF SUPPLY.

The area of supply comprises Blocks XIII, XIV, XV, and XVI, Mangau Survey Dis riot, and the whole of the Mako tuku Survey Dis riot with the exception of the Borough of Ohakune, as indicated by a distinctive border coloured red on plan marked P.W.D. 41069, deposited in the office of the Minister at Wellington, in the Provincial District of Wellington.

18. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (e) of clause 2 of the regulations.

The generating voltage shall be approximately 3,300 volts between the terminals.

19. DATUM TEMPERATURE.

For the purposes of calculating stresses as provided in clause 12 of the regulations, the datum temperature shall be taken as 20 degrees Fahrenheit.

20. NOTICES re EXTENSIONS, ETC.

Records of results of tests (Regulation 37), and notices re commencement of work (Regulation 44) and re extensions and alterations (Regulation 49), should be sent to the Under [No. 52