386
THE NEW ZEALAND GAZETTE.
[No. 8

shall, within three months after the receipt of a notice in writing from the Electric-power Board requesting the licensee so to do, discontinue the supply of electrical energy and remove the plant used by the licensee under this license, and at the expiration of the said three months this license shall, ipso facto, cease and determine. Upon the expiry of the said terms, 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 license of any liability theretofore incurred under this license.

4. CHARGES FOR ELECTRICAL ENERGY.

The charges for electrical energy shall not exceed 1s. per unit for lighting and 6d. per unit for motor-power, heating, or cooking purposes; provided that “lighting purposes” shall include the operation of motor generators for lighting purposes.

5. EXTENSIONS.

Notwithstanding anything contained in the regulations incorporated herein, no extensions or lines other than those along the route hereinbefore described shall be deemed to be authorized by this license.

6. TELEGRAPH DEPARTMENT’S LINE.

The licensee shall rectify to the satisfaction of the Minister of Telegraphs any interference or disturbance caused by the erection or operation of the licensee’s system that affects the satisfactory working of the telegraph-lines which are the property of the Telegraph Department, and which were erected prior to the licensee’s lines.

7. REQUIREMENTS OF GREYMOUTH BOROUGH COUNCIL AND THE GREY ELECTRIC-POWER BOARD.

Notwithstanding anything hereinbefore contained, the licensee shall not be entitled to erect, maintain, or use any electric line within the Borough of Greymouth and the Grey Electric-power District except subject to such conditions, not inconsistent with the provisions of this license and the regulations relating thereto, or any variation of this license or the regulations, or new regulations which may take the place of these regulations, as may from time to time be agreed upon between the licensee and the Greymouth Borough Council and Grey Electric-power Board.

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

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark of Whangaparapara Harbour, Great Barrier Island, as a Site for Booms and Dolphin.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 1st day of February, 1926.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING 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”), the Kauri Timber Company (Limited), of Auckland (who, with its successors and assigns, is hereinafter referred to as “the company”), 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 of Whangaparapara Harbour, Great Barrier Island, in order to erect and maintain booms and a dolphin 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. 6112), 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 booms and dolphin:

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 company 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 company 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 company to use and occupy that part of the foreshore and land below low-water mark on which the said booms and dolphin are to be erected, as shown on the plan M.D. 6112 so deposited as aforesaid, for the purpose of erecting and maintaining the said booms and dolphin; such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In these conditions the term—

“Foreshore” means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides:

“Low-water mark” means low-water mark at ordinary spring tides:

“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 booms and dolphin as shown on the plan marked M.D. 6112, 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 company shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £5 in advance, payable on the first day of April in each year, the proportionate part of such rental in respect of the period of the date hereof until the 31st March following to be paid on the company being supplied with a copy of this Order in Council.

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

5. The company shall maintain the above-mentioned booms and dolphin in good order and repair; and shall at all times exhibit therefrom, and maintain at the company’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.

6. Any person authorized by the Minister may at all reasonable times enter upon the said booms and dolphin and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such booms and dolphin, requiring the company within a reasonable time, to be therein prescribed, to repair the booms and dolphin, the company shall with all reasonable speed cause such defect to be removed or such repairs to be made.

7. The company shall cause the said booms and dolphin to be constructed so as to provide that there shall be no unnecessary delay in allowing the passage of vessels and boats.

8. Should it at any time be made to appear to the Minister that the means of providing proper passage for vessels and boats are insufficient, the Minister may, by notice in writing left at or posted to the last-known registered office of the company, require the company to provide such means as may be specified in such notice; and the company shall thereupon, with all convenient speed, cause such means to be provided.

9. Nothing herein contained shall authorize the company 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.

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 company 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 company may be required to move the booms and dolphin at the company’s own cost, without payment of any compensation whatever, on giving the company three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the