1892
THE NEW ZEALAND GAZETTE.
[No. 43

(e) The price to be paid by the licensee or the Minister
shall not exceed ½d. per unit; to be measured in each case
at the point last mentioned in subclause (b) hereof.
(f) For the purpose of this clause either the licensee or
the Minister may have the unit measured in kilovolt-ampere
hours instead of kilowatt hours.

21. DEPOSIT.

The deposit of £500 which the licensee has lodged with
the Public Trustee as a guarantee of good faith shall be
retained as security for the due fulfilment by the licensee of
the terms and conditions contained in this license to be per-
formed by the licensee: Provided, however, that when and so
soon as the licensee shall have submitted the drawings and
specifications required by clause 1 hereof, and those drawings
and specifications have been duly approved, and the licensee
shall have constructed permanent works in connection with
headworks, dam, pipe-lines, and generating-station mentioned
in the said clause to the satisfaction of the Minister, to the
value of £1,000 at the least, then the Minister shall require
the Public Trustee to return the said deposit to the licensee;
but if this license is determined, cancelled, or revoked under
the powers herein contained before such works to such value
have been constructed, then and in any such case the said
sum of £500 shall be forfeited to the Crown as ascertained
and liquidated damages.

22. BED OF RIVER NOT LEASED.

Nothing herein shall be held to constitute a lease from
the Crown of the bed of any fall, river, stream, or lake, nor
shall the provisions of Part IX of the Property Law Act,
1908, apply to this license.

23. 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 as a contract by and against His said Majesty or
the licensee accordingly.

24. TIME FOR SUBSTANTIAL COMPLETION OF WORKS.

The licensee shall proceed energetically with the survey
and investigation of the works hereby authorized in respect
of the first license, and shall on or before the 12th day of
January, 1932, submit complete details and full plans and
surveys of the work proposed in respect of the first license.
If such details be not submitted on or before the 12th day
of January, 1932, this license shall cease and determine.
This license shall also cease and determine unless a company
approved by the Minister is formed on or before the 12th
day of January, 1932, with a subscribed capital of not less
than the estimated cost as approved by the Minister of the
first complete installation of the proposed works.

If the licensee shall not on or before the 12th day of
January, 1933, either develop electrical energy to the extent
of 25,000 kilowatts in respect of the first license or expend
on works authorized hereunder a sum of at least £100,000,
this license shall cease and determine. If the licensee
shall not submit complete details and full plans and
surveys of the works proposed in respect of the second
license on or before the 12th day of January, 1935, or such
extended time as is granted by the Governor-General by
Order in Council which shall not in any case extend beyond
the 12th day of January, 1937, such second license shall
cease and determine without prejudice to the first license if
the same is still in existence. The second license shall also
cease and determine unless an installation in respect of such
license to develop electrical energy to the extent of at least
50,000 horse-power is completed on or before the 12th day
of January, 1941.

25. 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 sources of supply, 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 require the licensee
after construction of a regulating weir with its fixed crest at
the level of 590 ft. above mean sea-level at the outlet from
Lake Manapouri to utilize more storage water than would
cause the lake level to fall below 580 ft. above mean sea-
level or so as to reduce the quantity of water which the
licensee is authorized by this license to use from the said
sources of supply.

26. DEFAULT.

If the licensee fails or neglects to observe any of the con-
ditions or obligations imposed by this license, then, and in
any such case, the provisions of clause 229 of the regulations
shall apply to the breach of any such condition or obligation.

27. VARIATION IN CONDITIONS OF LICENSE.

The terms and conditions of this license may at any time
or from time to time, if found necessary and if duly agreed
upon between the licensee and the Governor-General in
Council be altered by the Governor-General by Order in
Council, whereupon all the terms and conditions in this
license contained (save and except as they may have been
so altered or modified by such alterations) shall, mutatis
mutandis, apply to such alterations as if the latter had formed
part of this license as originally issued.

28. 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 of any compensation, vest
in and become the property of the Crown.

29. DISFIGUREMENT OF NATURAL FEATURES.

The licensee shall not unnecessarily cause serious dis-
figurement from a scenic point of view, and shall use all
precautions to preserve the scenic attractions of the neighbour-
hood.

30. USER.

(1) If the licensee does not in respect of the first license
develop electrical energy to the extent of 50,000 horse-power
within ten years from the date of this license, nothing in such
license shall give the licensee the right to use more water
from the sources of supply specified in the first license than
the amount then required for the development of electrical
energy to the full capacity of the then installed plant. But
before any license is issued to any other person or body cor-
porate in respect of such additional water a license to use
the same shall be offered to the licensee.

(2) If the licensee does not in respect of the second license
develop electrical energy to the extent of 250,000 horse-power
on or before the 12th day of January, 1946, nothing in such
license shall give the licensee the right to use more water
from the source of supply specified in the second license than
the amount then required for the development of electrical
energy to the full capacity of the then installed plant. But
before any license is issued to any other person or body cor-
porate in respect of such additional water a license to use
the same shall be offered to the licensee.

31. PROTECTION OF BIRDS AND WILD ANIMAL LIFE.

The licensee or its assigns shall not do or permit any of
their agents, servants, officers, or workmen to do anything
in pursuance of this license which may cause the destruction
of birds or any forms of wild animal life.

32. REVOCATION.

If, during the continuance of either of the said licenses, and
after works are constructed in respect of either of the said
licenses, the licensee shall fail for a continuous period of
at least two years to carry on operations in connection with
such works with reasonable continuity, and to a capacity in
respect of each license at least equal to 50 per centum of the
total plant capacity, either license in respect of which such
failure shall exist may be revoked in accordance with the
provisions of the regulations.

In the event of any question as to whether the licensee
has failed to carry on operations in connection with the
works erected in pursuance of either license with reasonable
continuity, such question shall be decided in accordance
with the provisions of the Declaratory Judgments Act, 1908.

33. ASSIGNMENT.

The above license shall be assignable from time to time on
the terms and conditions set forth in clause 27 of the regula-
tions.

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

(P.W. 26/463.)