Oct. 16.] THE NEW ZEALAND GAZETTE. 3177

may be required to remove the said landing-stage at the company’s cost without payment of any compensation whatever, on giving to the company 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 company in New Zealand.

12. The company shall be liable for any injury which the said landing-stage may cause any vessel or boat to sustain through any default or neglect on the part of the company.

13. In case the company shall—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said landing-stage for a period of thirty days;
    (3) Be in any manner wound up or dissolved; or
    (4) Fail to pay the sum specified in clause 3 of these conditions;
    then, and in any of the said cases, this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor-General in Council without any notice to the company or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, and to all persons concerned or interested that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

14. In the event of this Order in Council being revoked for any reason whatsoever, or upon the expiry of the period for which the license is granted, the company shall, if required by the Minister so to do, remove the said landing-stage entirely from the site and restore the site to its original condition within three months from the date of revocation or expiry, as the case may be; and if the company fails so to do, the Minister may cause the said landing-stage to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the company.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.

Licensing the Onakaka Iron and Steel Company, Limited, to use and occupy Part of the Foreshore at Onakaka, Nelson, as a Site for a Wharf, Tramway, and Coal-bins.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 13th day of October, 1930.

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”), the Onakaka Iron and Steel Company, Limited (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 occupy a part of the foreshore and land below low-water mark at Onakaka, Nelson, as shown on plans marked M.D. 6839 (3 sheets), and deposited in the office of the Marine Department at Wellington, in order to erect and maintain thereon a wharf, tramway, and coal-bins, in accordance with the said plans:

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 plans have, 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 purpose aforesaid, on the terms and conditions set forth in the Schedule hereto:

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 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 wharf, tramway, and coal-bins are to be erected, as shown on the plans M.D. 6839 (3 sheets), so deposited as aforesaid, for the purpose of maintaining the said wharf, tramway, and coal-bins, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the Schedule hereto.

B

SCHEDULE.

1. In these conditions the terms—
   “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 adjacent thereto necessary for the erection and maintenance of the said wharf, tramway, and coal-bins, as shown on the plans marked M.D. 6839 (3 sheets).

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 1st day of April in each year, the proportionate part of such rental in respect of the period from the date of this Order in Council until the 31st March following to be paid on the company 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 all rights of ingress and egress thereon and therefrom.

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

6. The company shall maintain the above-mentioned wharf, tramway, and coal-bins 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.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf, tramway, and coal-bins, 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 wharf, tramway, and coal-bins, requiring the company within a reasonable time, to be therein prescribed, to repair the same, the company shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

8. 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.

9. The ballast of all vessels loading at the said wharf, tramway, and coal-bins shall be taken away by the company 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 to be 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 previous written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor-General without payment of any compensation whatever on giving to the company 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 registered office of the company in New Zealand.

12. The company shall be liable for any injury which the said wharf, tramway, and coal-bins may cause any vessel or boat to sustain through any default or neglect on the company’s part.

13. In case the company shall—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said wharf, tramway, and coal-bins for a period of thirty days;
    (3) Be in any manner wound up or dissolved;
    (4) Fail to pay the sums specified in clause 3 of these conditions;