✨ Water License Conditions
Nov. 1.] THE NEW ZEALAND GAZETTE. 3135
- UTILIZATION OF THE WATER.
The said water shall be used solely for the purpose of generating electricity, and the whole of such water shall be returned to the said stream at or near the power-house.
- LOCATION OF HEADWORKS.
The said water shall be taken from the said stream at the headworks as indicated on the plan marked P.W.D. 72941 (hereinafter referred to as the “said plan”), deposited in the office of the Minister of Public Works at Wellington.
- GENERAL DESCRIPTION OF WORKS.
The licensee is hereby authorized, subject to the conditions herein contained, to construct, maintain, and use the following works for the purposes of this license, the position of the said works being indicated on the said plan:—
(a) Headworks consisting of weirs and necessary intakes:
(b) Races, penstocks, and pipe-lines leading from such weirs to the power-house hereinafter referred to; also tail-race from the power-house to the said stream:
(c) Power-house with all necessary equipment, including water-turbines, generators, transformers, lightning-arresters, switchboards, switches, exciters, and other appliances for generating electricity:
(d) Transmission and other lines over the routes shown by means of dotted lines on the said plan:
(e) Such further transmission and other lines within the premises of the licensee as may from time to time be required. Any extensions or alterations of lines pursuant to this paragraph shall be made only after compliance with the provisions of clauses 21, 22, and 23 of the regulations.
- MAINTENANCE OF WORKS.
The licensee shall maintain the works used under this license in proper working-order during the continuance of such license.
- DURATION OF LICENSE.
This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of twenty-one 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.
- RENTAL.
The licensee shall in respect of its license pay to the District Engineer, Public Works Department, Greymouth, a yearly rental of 4s. per kilowatt of maximum output generated during each and every year from 1st October, 1928, with a minimum of 5s. per annum. The output either shall be recorded by means of a watthour meter installed by the licensee, or, failing such installation, it shall be determined on the maximum capacity of the generating-plant installed.
- 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 streams, 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 streams.
- VARIATION IN CONDITIONS OF LICENSE.
The terms and conditions of this license may 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.
- SURRENDER OF LICENSE.
The licensee may at any time, with the consent of the Minister, surrender this license, and shall thereupon remove from the ground (if so required by the Minister) 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 of compensation, vest in and become the property of the Crown.
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- SYSTEM OF SUPPLY.
The system of supply shall be as described in paragraph (d) of clause 2 of the regulations.
The generating and transmission voltage shall be approximately 3,300 volts between the terminals.
- 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 power-house hereinbefore referred to and any place to which the licensee is authorized to transmit electricity in pursuance of this license.
- 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 or advisable to enable the licensees to construct and maintain the various works authorized by this license.
- COMPENSATION PAYABLE FOR LAND INJURIOUSLY AFFECTED, ETC.
In respect of all land injuriously affected, and in respect of all damages done by the exercise of any of the powers conferred upon the licensee by this license, the licensee shall from time to time, as and when any such injury or damage accrues or happens, pay compensation in accordance with the provisions of the Public Works Act, 1908, in the same manner (subject to all necessary modifications) as if the licensee was a local authority and the claim was one for injury or damage arising out of the construction of a public work.
- CROWN NOT LIABLE TO PAY COMPENSATION.
Nothing in this license shall be held to impose any liability upon His Majesty the King or upon the Government of New Zealand to pay compensation to any person, corporate body, or local authority by reason of the exercise by the licensee of the authority hereby granted; but the licensee shall be liable for any loss or damage which any person, corporate body, or local authority may sustain as the result of the exercise by the licensee of any of the powers granted by this license.
- BED OF STREAM NOT LEASED.
Nothing herein shall be held to constitute a lease from the Crown of the beds of the rivers or streams shown on the said plan, nor shall the provisions of Part IX of the Property Law Act, 1908, apply to this license.
- DEFAULT.
If the licensee fails or neglects to observe any of the conditions or obligations imposed by this license, then and in any such case the provisions of clauses 229 and 230 of the regulations shall apply to the breach of any such condition or obligation.
- ALTERATIONS TO WORKS.
In the event of the licensee at any time desiring to make alterations to the work involving a departure from the location or type of construction shown on the approved plans, it shall first submit for the Minister’s approval plans showing such new location and [or] type of construction as it is proposed to adopt, and with such approval the alterations may be carried out.
- INSPECTION OF WORKS.
The Inspecting Engineer of the Public Works Department or any other person empowered in that behalf by the Minister shall at all times, both during and after the construction of the works, have free access to and liberty to inspect such works so as to ensure that the provisions of this license are given due effect to.
- CONTRACT BETWEEN LICENSEE AND CROWN.
This license shall be deemed to constitute a contract as between the licensee and His Majesty the King, and may be enforced by and against either party accordingly.
- REQUIREMENTS OF WESTLAND COUNTY COUNCIL.
Notwithstanding anything hereinbefore contained, the licensee shall not by virtue of these presents be entitled to lay, construct, put up, place, or use the electric lines hereby authorized, except subject to such conditions (not inconsistent
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VUW Te Waharoa —
NZ Gazette 1928, No 82
NZLII —
NZ Gazette 1928, No 82
✨ LLM interpretation of page content
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License for Sullivan Brothers to Use Water and Erect Electric Lines
(continued from previous page)
🏗️ Infrastructure & Public Works25 October 1928
Water license, Electric lines, Clearwater River, Westland, Conditions, Regulations