APRIL 17.] THE NEW ZEALAND GAZETTE. 919

Minimum charge on every sailing-vessel of 20 tons register and upwards lying alongside a wharf, per day or part of a day .. .. .. 1 0
Minimum charge on every steamer of 20 tons register and upwards lying alongside a wharf, per day or part of a day .. .. .. 2 6
On every vessel of 20 tons register and upwards lying alongside a vessel at a wharf, or lying off a wharf with a line attached thereto, or undergoing repairs, per ton per day or part of a day .. 0 0½
Minimum charge for vessel last mentioned .. 0 6

Provided that in the case of vessels trading regularly the following dues, tolls, and charges shall be paid quarterly in advance, commencing the quarters on the first days of January, April, July, and October in each year:—

On every vessel under 20 tons register, per quarter 10 0
On every vessel of 20 tons register and upwards, for first 20 tons register 10s., and for every additional ton, per quarter .. .. .. 0 6

BERTHAGE CHARGES.

29. The master or owner or agent of every vessel occupying a berth at the wharves at Port Fitzroy and Whangaparapara within the limits of the Great Barrier Island County shall for each and every adult passenger carried by such vessel landed on or shipped from any such wharves pay the sum of sixpence (6d.) for each adult passenger:

Provided, however, that such charge shall not be payable in respect of passengers arriving at any such wharves from any place within the Great Barrier Island County, nor shall it apply to any passenger leaving such wharves for any such place or places within the county.

The master or owner or agent of any vessel trading regularly between the ports of Great Barrier Island County and localities outside the county limits shall render to the Council on the seventh day of each calendar month a correct statement showing the number of adult passengers carried by such vessel to and from any such wharves during the previous month, and at the same time shall pay to the Council the total amount of berthage charges due in respect of passengers carried during such month by such vessel.

PENALTIES.

30. Any person, firm, or company who fails or refuses or neglects to do anything by these regulations required to be done, observed, or performed, or in any manner obstructs, impedes, or interferes with the doing of anything enjoined, required, or authorized to be done, or does anything prohibited by these regulations, shall in each and every case so offending be liable to a penalty not exceeding £5.

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

Licensing Edwin Harding to use and occupy a Part of the Foreshore and Land below Low-water Mark on the Wairoa River, Kaipara Harbour, as a Site for a Wharf and Shed.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 11th day of April, 1924.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1923 (hereinafter called “the said Act”), Edwin Harding, of Dargaville (hereinafter called “the licensee”), has applied to the Governor-General in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark on the Wairoa River, Kaipara Harbour, in order to erect and maintain a wharf and shed thereon; and, in accordance with the one-hundred-and-seventy-first section of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 5793), 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 said wharf and shed:

And whereas it has been made to appear to the Governor-General 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-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 purposes aforesaid, on the terms and conditions hereinafter expressed:

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 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 on which the said wharf and shed are to be erected, as shown on the plan M.D. 5793 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and shed; 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 the part of the foreshore and land below low-water mark necessary for the erection of the said wharf and shed, as shown on the plan marked M.D. 5793, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £3 in advance, payable on the 1st day of April in each year, the proportionate part of such rental in respect of the period from the date hereof until the 31st March following to be paid 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 shed and all rights of ingress and egress thereon and therefrom.

5. His Majesty or the Governor-General, and all persons in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, over, and out of the said wharf and shed without payment.

6. The licensee shall maintain the above-mentioned wharf and shed in good order and repair; and shall at all times exhibit therefrom, and maintain at the licensee’s 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 shed 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 and shed, requiring the licensee, within a reasonable time, to be therein prescribed, to repair the wharf and shed, the licensee 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, 1923, 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 and shed 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-General, and the licensee may be required to remove the wharf and shed at the licensee’s own cost, 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.