SEPT. 14.]

License authorizing the Westport Coal Company (Limited) to
use Water from Granite Creek for the Purpose of generating
Electricity, and to erect Electric Lines within Portion of
the County of Buller (Granity and Millerton)

JELLICOE, Governor-General.
ORDER IN COUNCIL
At the Government House at Wellington, this llth day of
September, 1922.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the powers conferred by the
Public Works Amendment Act, 1908, the Public Works
Amendment Act, 1911, and of all other powers in anyway
enabling him in this behalf, His Excellency the Governor-
General of the Dominion of New Zealand, acting by and with
the advice and consent of the Executive Council of the said
Dominion, doth—subject to the conditions set forth in the
Schedule hereto, and to the regulations made under section
two of the Public Works Amendment Act, 1911, and dated
the twenty-second day of September, one thousand nine
hundred and nineteen, published in the New Zealand Gazette
of the twenty-fifth day of the same month, or any regulations
hereafter made in amendment thereof or in substitution
therefor (and hereinafter collectively referred to as “the
regulations”), and which regulations shall be deemed to
be incorporated herein—hereby grant to the Westport Coal
Company (Limited), (hereinafter with its successors and
assigns referred to as “the licensee”) a license to
take and use from Granite Creek (hereinafter referred to
as “the said stream”), in the Nelson Land District, for
the purposes hereinafter set forth, a stream of water (herein-
after referred to as “the said water”) not exceeding one
cubic foot 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,
such electric lines at present proposed to be erected being
indicated by means of lines shown on the plan marked P.W.D.
52760, and deposited in the office of the Minister of Public
Works at Wellington, in the Wellington Land District; but
nothing herein shall be held to guarantee that the said stream
contains sufficient water to supply one cubic foot per second
hereinbefore mentioned.
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 divert-
   ing weir and dam;
   (b.) Drawings showing how and in what manner the water
   diverted is to be returned to the said stream;
   (c.) Contour 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 gene-
   rating electricity, and shall be returned to the Granite Creek
   at or near the power-house.
3. LOCATION OF HEADWORKS.
   The said water shall be taken from the said stream at the
   headworks, situated on the said stream in Block VI, Nga-
   kawau Survey District, at the points indicated on the plan
   marked P.W.D. 52760, deposited in the office of the Minister
   at Wellington, in the Wellington Land District.
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. 52760, deposited in the office of the Minister
   as aforesaid :—
   (a.) Headworks consisting of dams and necessary intakes
   on both the right- and left-hand branches of Granite
   Creek.
   (b.) Races and pipe-lines leading from such dams 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-lines and other lines over the routes
   shown by means of a green line on the said plan
   P.W.D. 52760.
   (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.

2437
5. INSPECTION OF WORKS.
The Inspecting Engineer, both during and after the con-
struction 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 con-
   tinuance 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 elec-
   tricity between the generating-stations and any of the sub-
   stations 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 re-
    corded by the wattmeter 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 in each year,
    commencing from the date of this license. For the purpose
    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 re-
    corded at the end of each half-hour commencing from noon
    of each day. The minimum rental shall not be less than £10
    per annum.

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 headworks 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.

13. 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 remov-
    able 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.

14. CHARGES FOR ELECTRICAL ENERGY.
    The charges for electrical energy shall not exceed Is. per
    unit for lighting purposes, and 6d. per unit for motor-power,
    heating, or cooking purposes; provided that “lighting pur-
    poses” shall include the operation of motor generators for
    lighting purposes; and provided further that if accounts are