SEPT. 30.] THE NEW ZEALAND GAZETTE. 2743

5. The said rights, powers, and privileges may be at any time resumed by the Administrator, without payment of any compensation whatever, on giving to the licensee three 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.

6. In case the licensee shall—
   (1.) Commit or suffer a breach of the conditions herein-before set forth, or any of them;
   (2.) Cease to use or occupy the said site for a period of thirty days;
   (3.) Fail to pay the sums specified in clause 3 of these conditions; or
   (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,—
   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 Administrator in Council without any notice to the licensee or other proceedings 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all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

7. The occupation of the said site shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

F. D. THOMSON,
Clerk of the Executive Council.

License authorizing the Tuwharetoa Co-operative Dairy Company (Limited) to use Water from the Waihi River for the Purpose of generating Electricity, and to erect Electric Lines in the Waihi Native Settlement, West Taupo County.

ROBERT STOUT.
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House at Wellington, this 24th day of September 1920.

Present:

His Excellency the Administrator presiding in Council.

IN pursuance and exercise of the powers conferred upon him by the Public Works Amendment Act, 1908, and the Public Works Amendment Act, 1911, and of all other powers in anywise enabling him in that behalf, His Excellency the Administrator of the Government 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 Tuwharetoa Co-operative Dairy Company (Limited), (hereinafter, with its successors and assigns, referred to as “the licensee”)—subject to the terms and conditions set forth in the Schedule hereto and to the regulations dated the twenty-second day of September, one thousand nine hundred and nineteen, and published in the New Zealand Gazette of the twenty-fifth day of September, one thousand nine hundred and nineteen, or any regulations hereafter made in amendment thereof or in substitution therefor (hereinafter collectively referred to as “the regulations”), and which regulations shall be deemed to be incorporated herein—a license to take and use from the Waihi River, in the Land District of Wellington (hereinafter referred to as the “said stream”), for the purposes hereinafter set forth, a stream of water (hereinafter referred to as “the said water”) not exceeding one and one-half cubic feet per second at any one time; and also to erect and maintain electric lines for power, lighting, heating, or other uses within the area of supply hereinafter described.

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”)—
(a.) Full detailed drawings and specifications of the diverting weir and dam.
(b.) Drawings showing how and in what manner the water diverted is to be returned to the said stream.
(c.) Counter plan showing difference in level of water due to the construction of the headworks.

2. UTILIZATION OF THE WATER.

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

3. LOCATION OF HEADWORKS.

The said water shall be taken from the said stream at the headworks, situated in Waihi-Kahakaharoa No. 1 Block, Block V, Puketi Survey District, at a point indicated on the plan marked P.W.D. 49113, deposited in the office of the Minister of Public Works at Wellington, in the Land 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. 49113 hereinbefore referred to:—
(a.) Headworks consisting of a dam and necessary intake.
(b.) 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, switch-boards, switches, exciters, and other appliances for generating electricity.
(d.) Transmission and other lines over the routes shown by means of broken red lines on the said plan.
(e.) Such further transmission and other lines within the area of supply as may from time to time be required within such area of supply, and after compliance with the provisions of clause 48 of the regulations.

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-General, 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 at the rate of 4s. per annum per kilowatt of maximum output as recorded by the watt-meter to be installed by the licensee at the power-house mentioned in clause 4 (c) hereof; payment to be made yearly on the 31st day of March of each year, commencing from the date the electrical power is first supplied.

For the purposes of this clause “maximum output” means twice the number of units generated in the half-hour during which the output is the maximum for the year. The said period shall be recorded at the end of each half-hour, commencing from noon on each day.

11. GRANTING OF OTHER WATER-RIGHTS.

Nothing herein shall prevent the Governor-General 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 stream, 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 head-works and tail-water, or the volume of the water which the licensee is by this license authorized to take from the said stream.

12. 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-General by Order in Council,

B